U.S. Congress - Text of S.2252 as Introduced in Senate Rebuild America Act
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Donate NowS.2252 - Rebuild America Act
A bill to rebuild the American middle class by creating jobs, investing in our future, building opportunity for working families, and restoring balance to the tax code.
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S 2252 ISCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 2252CommentsClose CommentsPermalink
To rebuild the American middle class by creating jobs, investing in our future, building opportunity for working families, and restoring balance to the tax code.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
March 29, 2012CommentsClose CommentsPermalink
March 29, 2012CommentsClose CommentsPermalink
Mr. HARKIN introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To rebuild the American middle class by creating jobs, investing in our future, building opportunity for working families, and restoring balance to the tax code.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 ‘Rebuild America Act’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--INVESTING IN AMERICA TO CREATE JOBS AND FUTURE GROWTH
Subtitle A--Investing in America’s Roads, Bridges, and Infrastructure
Sec. 101. Modernization, renovation, and repair of educational facilities.CommentsClose CommentsPermalink
Sec. 102. National energy renovation and retrofit program.CommentsClose CommentsPermalink
Sec. 103. Rebuilding America’s infrastructure.CommentsClose CommentsPermalink
Subtitle B--Rebuilding America’s Manufacturing Power
Sec. 111. National manufacturing strategy.CommentsClose CommentsPermalink
Sec. 112. Sectoral technology and innovation centers.CommentsClose CommentsPermalink
Sec. 113. Capital for small manufacturers with firm orders.CommentsClose CommentsPermalink
Sec. 114. Manufacturing Extension Partnership.CommentsClose CommentsPermalink
Sec. 115. Extension of research credit; increase in alternative simplified research credit.CommentsClose CommentsPermalink
Sec. 116. Inclusion of certain provisions in trade agreements.CommentsClose CommentsPermalink
Sec. 117. Funding for Interagency Trade Enforcement Center.CommentsClose CommentsPermalink
Sec. 118. Imposition of countervailing duties for subsidies relating to fundamentally undervalued currencies.CommentsClose CommentsPermalink
Subtitle C--Preparing Americans for the Jobs of the Future
Sec. 121. Short title.CommentsClose CommentsPermalink
Sec. 122. Definitions.CommentsClose CommentsPermalink
Sec. 123. Program.CommentsClose CommentsPermalink
Sec. 124. Eligible entities.CommentsClose CommentsPermalink
Sec. 125. Applications.CommentsClose CommentsPermalink
Sec. 126. Priority and distribution.CommentsClose CommentsPermalink
Sec. 127. Use of funds.CommentsClose CommentsPermalink
Sec. 128. Matching requirement.CommentsClose CommentsPermalink
Sec. 129. Funding.CommentsClose CommentsPermalink
Subtitle D--Supporting Great Teachers
Sec. 131. Short title.CommentsClose CommentsPermalink
Sec. 132. Findings.CommentsClose CommentsPermalink
Sec. 133. Purposes.CommentsClose CommentsPermalink
Sec. 134. Definitions.CommentsClose CommentsPermalink
Sec. 135. Grants authorized.CommentsClose CommentsPermalink
Sec. 136. Application.CommentsClose CommentsPermalink
Sec. 137. State use of grant funds.CommentsClose CommentsPermalink
Sec. 138. Subgrants to local entities.CommentsClose CommentsPermalink
Sec. 139. Reporting.CommentsClose CommentsPermalink
Sec. 140. Teacher privacy.CommentsClose CommentsPermalink
Sec. 141. Rule of construction.CommentsClose CommentsPermalink
Sec. 142. Funding.CommentsClose CommentsPermalink
Subtitle E--Creating Middle Class Jobs
PART I--Teacher Stabilization
Sec. 151. Purpose.CommentsClose CommentsPermalink
Sec. 152. Definitions.CommentsClose CommentsPermalink
Sec. 153. Reservations for the outlying areas and the Secretary of the Interior.CommentsClose CommentsPermalink
Sec. 154. State allotments.CommentsClose CommentsPermalink
Sec. 155. State application, reservation, and responsibilities.CommentsClose CommentsPermalink
Sec. 156. Subgrants.CommentsClose CommentsPermalink
Sec. 157. Maintenance of effort.CommentsClose CommentsPermalink
Sec. 158. Reporting.CommentsClose CommentsPermalink
Sec. 159. Funding.CommentsClose CommentsPermalink
PART II--First Responder Stabilization
Sec. 161. Purpose.CommentsClose CommentsPermalink
Sec. 162. Career law enforcement officers grant program.CommentsClose CommentsPermalink
Sec. 163. First responder grant program.CommentsClose CommentsPermalink
PART III--Maintaining Critical Community Services
Sec. 171. Definitions.CommentsClose CommentsPermalink
Sec. 172. Maintaining critical community services.CommentsClose CommentsPermalink
Sec. 173. Application.CommentsClose CommentsPermalink
Sec. 174. Award basis.CommentsClose CommentsPermalink
Sec. 175. Uses of funds.CommentsClose CommentsPermalink
Sec. 176. Employee status, compliance with local laws, and contracts.CommentsClose CommentsPermalink
Sec. 177. Supplement, not supplant.CommentsClose CommentsPermalink
Sec. 178. Funding provided.CommentsClose CommentsPermalink
TITLE II--CREATING FINANCIAL STABILITY AND A BETTER FUTURE FOR MIDDLE CLASS FAMILIES
Subtitle A--Alleviating the High Cost of Child Care
Sec. 201. CCDBG Plus.CommentsClose CommentsPermalink
Subtitle B--Helping Americans Enjoy Their Golden Years
PART I--Commission on Retirement Security
Sec. 211. Short title.CommentsClose CommentsPermalink
Sec. 212. Findings.CommentsClose CommentsPermalink
Sec. 213. Commission on Retirement Security.CommentsClose CommentsPermalink
Sec. 214. Duties.CommentsClose CommentsPermalink
Sec. 215. Commission personnel matters.CommentsClose CommentsPermalink
Sec. 216. Termination of Commission.CommentsClose CommentsPermalink
PART II--Social Security
Sec. 221. Determination of taxable wages and self-employment income above contribution and benefit base after 2012.CommentsClose CommentsPermalink
Sec. 222. Adjustments to bend points in determining primary insurance amount.CommentsClose CommentsPermalink
Sec. 223. Consumer Price Index for Elderly Consumers.CommentsClose CommentsPermalink
Sec. 224. Computation of cost-of-living increases for Social Security benefits.CommentsClose CommentsPermalink
Sec. 225. Non-application of increase in Social Security benefits for other Federal or federally assisted programs.CommentsClose CommentsPermalink
Subtitle C--Protecting Overtime Pay for Working Americans
Sec. 231. Salary thresholds, highly compensated employees, and primary duties.CommentsClose CommentsPermalink
Subtitle D--Preventing Americans From Having To Choose Between Their Health and Their Paycheck
Sec. 241. Short title.CommentsClose CommentsPermalink
Sec. 242. Findings.CommentsClose CommentsPermalink
Sec. 243. Purposes.CommentsClose CommentsPermalink
Sec. 244. Definitions.CommentsClose CommentsPermalink
Sec. 245. Provision of paid sick time.CommentsClose CommentsPermalink
Sec. 246. Posting requirement.CommentsClose CommentsPermalink
Sec. 247. Prohibited acts.CommentsClose CommentsPermalink
Sec. 248. Enforcement authority.CommentsClose CommentsPermalink
Sec. 249. Collection of data on paid sick time and further study.CommentsClose CommentsPermalink
Sec. 250. Effect on other laws.CommentsClose CommentsPermalink
Sec. 251. Effect on existing employment benefits.CommentsClose CommentsPermalink
Sec. 252. Encouragement of more generous leave policies.CommentsClose CommentsPermalink
Sec. 253. Regulations.CommentsClose CommentsPermalink
Sec. 254. Effective dates.CommentsClose CommentsPermalink
Subtitle E--Establishing a Fair Minimum Wage
Sec. 261. Minimum wage increases.CommentsClose CommentsPermalink
Subtitle F--Empowering Hardworking Americans
Sec. 271. Amendments to the National Labor Relations Act.CommentsClose CommentsPermalink
Subtitle G--Increasing Job Opportunities for Americans With Disabilities
Sec. 281. Modification of work opportunity credit.CommentsClose CommentsPermalink
TITLE III--RESTORING BALANCE AND FAIRNESS TO THE TAX CODE
Sec. 300. Amendment of 1986 Code.CommentsClose CommentsPermalink
Subtitle A--Instituting the ‘Buffett Rule’
Sec. 301. Fair share tax on high-income taxpayers.CommentsClose CommentsPermalink
Subtitle B--Adopting a Wall Street Trading and Speculators Tax
Sec. 311. Transaction tax.CommentsClose CommentsPermalink
Subtitle C--Ending Tax Breaks for Companies That Ship Jobs Overseas
Sec. 321. Allocation of expenses and taxes on basis of repatriation of foreign income.CommentsClose CommentsPermalink
Sec. 322. Excess income from transfers of intangibles to low-taxed affiliates treated as subpart F income.CommentsClose CommentsPermalink
Sec. 323. Modifications of foreign tax credit rules applicable to dual capacity taxpayers.CommentsClose CommentsPermalink
Subtitle D--Making Wall Street Take Responsibility
Sec. 331. Financial Crisis Responsibility Fee.CommentsClose CommentsPermalink
Subtitle E--Closing the Carried Interest Loophole
Sec. 341. Partnership interests transferred in connection with performance of services.CommentsClose CommentsPermalink
Sec. 342. Special rules for partners providing investment management services to partnerships.CommentsClose CommentsPermalink
Subtitle F--Raising the Capital Gains Rate
Sec. 351. Increased capital gains rate for high-income individuals.CommentsClose CommentsPermalink
Subtitle G--Pension Guaranty Improvement
Sec. 361. Short title.CommentsClose CommentsPermalink
Sec. 362. Findings.CommentsClose CommentsPermalink
Sec. 363. Pension Benefit Guaranty Corporation Governance Improvement.CommentsClose CommentsPermalink
Sec. 364. Participant and plan sponsor advocate.CommentsClose CommentsPermalink
Sec. 365. Increase in multiemployer plan benefit guarantee and annual premium rates.CommentsClose CommentsPermalink
Sec. 366. Improving single employer program solvency.CommentsClose CommentsPermalink
Subtitle H--Pension and Participant Protection
Sec. 371. Short title.CommentsClose CommentsPermalink
Sec. 372. Findings.CommentsClose CommentsPermalink
Sec. 373. Pension funding stabilization.CommentsClose CommentsPermalink
Sec. 374. Congressional commitment to encouraging pensions.CommentsClose CommentsPermalink
Sec. 375. Participant protection in bankruptcy.CommentsClose CommentsPermalink
Subtitle I--Fair Playing Field
Sec. 381. Short title; findings; purposes.CommentsClose CommentsPermalink
Sec. 382. Authority to issue guidance clarifying employment status for purposes of employment taxes.CommentsClose CommentsPermalink
TITLE IV--REBUILD AMERICA TRUST FUND
Sec. 401. Establish Rebuild America Trust Fund.CommentsClose CommentsPermalink
TITLE I--INVESTING IN AMERICA TO CREATE JOBS AND FUTURE GROWTHCommentsClose CommentsPermalink
TITLE I--INVESTING IN AMERICA TO CREATE JOBS AND FUTURE GROWTHCommentsClose CommentsPermalink
Subtitle A--Investing in America’s Roads, Bridges, and InfrastructureCommentsClose CommentsPermalink
Subtitle A--Investing in America’s Roads, Bridges, and InfrastructureCommentsClose CommentsPermalink
SEC. 101. MODERNIZATION, RENOVATION, AND REPAIR OF EDUCATIONAL FACILITIES.
(a) Purpose- The purpose of this section is to provide assistance for the modernization, renovation, and repair of eligible educational facilities, including early learning facilities, public elementary school and secondary school facilities, and community college facilities.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) ESEA DEFINITIONS- The terms ‘elementary school’, ‘local educational agency’, ‘outlying area’, ‘secondary school’, ‘Secretary’, and ‘State’ have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (
(2) CHPS CRITERIA- The term ‘CHPS Criteria’ means the green building rating criteria developed by the Collaborative for High Performance Schools.CommentsClose CommentsPermalink
(3) COMMUNITY COLLEGE- The term ‘community college’ means--CommentsClose CommentsPermalink
(A) a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 (
(B) a 4-year public institution of higher education, as defined under section 101 of the Higher Education Act of 1965 (
(i) baccalaureate degrees, or the equivalent of such degrees; orCommentsClose CommentsPermalink
(ii) masters, professional, or other advanced degrees.CommentsClose CommentsPermalink
(4) ELIGIBLE ENTITY- The term ‘eligible entity’ means the following:CommentsClose CommentsPermalink
(A) In reference to the modernization, renovation, or repair of an early learning facility, the term ‘eligible entity’ means--CommentsClose CommentsPermalink
(i) an eligible child care provider as defined in paragraph (5)(A) of section 658P of the Child Care and Development Block Grant Act of 1990 (
(ii) a Head Start center under the Head Start Act (
(B) In reference to the modernization, renovation, or repair of a public elementary school or secondary school facility, the term ‘eligible entity’ means a local educational agency.CommentsClose CommentsPermalink
(C) In reference to the modernization, renovation, or repair of a community college facility, the term ‘eligible entity’ means the community college.CommentsClose CommentsPermalink
(5) ENERGY STAR- The term ‘Energy Star’ means the Energy Star program of the Department of Energy and the Environmental Protection Agency.CommentsClose CommentsPermalink
(6) GREEN GLOBES- The term ‘Green Globes’ means the Green Building Initiative environmental design and rating system.CommentsClose CommentsPermalink
(7) LEED GREEN BUILDING RATING SYSTEM- The term ‘LEED Green Building Rating System’ means the United States Green Building Council Leadership in Energy and Environmental Design green building rating system.CommentsClose CommentsPermalink
(c) Grants to States-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall allocate funds to each State, as described in paragraph (3), to enable the State to award subgrants, on a competitive basis, to eligible entities for the purpose of modernizing, renovating, and repairing eligible educational facilities. Grant funds may be used for direct payments, payment of interest on bonds, or payments for other financing instruments that are newly issued for the purpose of financing school modernization, renovation, or repair.CommentsClose CommentsPermalink
(2) RESERVATIONS- From the funds made available under subsection (i) for a fiscal year, the Secretary shall reserve for the purposes of this section--CommentsClose CommentsPermalink
(A) 0.5 percent for payments to the Secretary of the Interior to provide assistance to schools funded by the Bureau of Indian Education;CommentsClose CommentsPermalink
(B) 0.75 percent to provide assistance to the outlying areas; andCommentsClose CommentsPermalink
(C) 0.25 percent for grants to institutions that are eligible to receive a grant under section 316 of the Higher Education Act of 1965 (
(3) AMOUNT OF FUNDS- From the funds made available under subsection (i) for any fiscal year and remaining after the Secretary makes reservations under paragraph (2) for the fiscal year, the Secretary shall allot to each State the sum of--CommentsClose CommentsPermalink
(A) an amount that bears the same relationship to 35 percent of the remaining amount as the number of individuals who have not yet attained age 25 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; andCommentsClose CommentsPermalink
(B) an amount that bears the same relationship to 65 percent of the remaining amount as the number of individuals who have not yet attained age 25 who are from families with incomes below the poverty line, in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined.CommentsClose CommentsPermalink
(4) REALLOCATION- If a State does not apply for its allocation under this section, applies for less than the full allocation for which it is eligible, or does not use the allocation in a timely manner, the Secretary may reallocate all or a portion of the allocation to the other States.CommentsClose CommentsPermalink
(d) Subgrants-CommentsClose CommentsPermalink
(1) IN GENERAL- From the funds allocated to a State under subsection (c) for any fiscal year and remaining after the State makes any reservations under paragraph (2) for the fiscal year, each State receiving a grant under this section shall distribute--CommentsClose CommentsPermalink
(A) 10 percent to award subgrants to eligible entities for the modernization, renovation, and repair of early learning facilities;CommentsClose CommentsPermalink
(B) 65 percent to award subgrants to eligible entities for the modernization, renovation, and repair of public elementary school and secondary school facilities; andCommentsClose CommentsPermalink
(C) 25 percent to award subgrants to eligible entities for the modernization, renovation, and repair of community college facilities.CommentsClose CommentsPermalink
(2) STATE ADMINISTRATION AND OTHER COSTS- Each State that receives a grant under this section may reserve not more than 1 percent of the grant allocation under subsection (c) for the purposes of administering the distribution of subgrants under this section, including the provision of technical assistance to eligible entities.CommentsClose CommentsPermalink
(3) MATCHING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- A State shall require eligible entities to match funds awarded under this subsection.CommentsClose CommentsPermalink
(B) AMOUNT OF MATCHING FUNDS REQUIREMENT- The amount of a match described in subparagraph (A) may be established by using a sliding scale that takes into account the relative poverty of the population served by the eligible entity.CommentsClose CommentsPermalink
(e) State Applications- A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. Such application shall include the following:CommentsClose CommentsPermalink
(1) An identification of the State agency or entity that will administer the grant program.CommentsClose CommentsPermalink
(2) A description of the State’s process for determining how subgrant funds will be distributed and administered, including--CommentsClose CommentsPermalink
(A) how the State will determine the criteria for awarding subgrants under subsection (d); andCommentsClose CommentsPermalink
(B) how the State will consider--CommentsClose CommentsPermalink
(i) the needs of each eligible entity, or each population served by an eligible entity, for assistance under this section;CommentsClose CommentsPermalink
(ii) the impact of potential projects on job creation in the State;CommentsClose CommentsPermalink
(iii) the fiscal capacity of the eligible entity applying for assistance; andCommentsClose CommentsPermalink
(iv) the percentage of individuals served by the eligible entity who are from low-income families.CommentsClose CommentsPermalink
(3) If the State plans to award subgrants to early learning facilities, a description of how the State will--CommentsClose CommentsPermalink
(A) coordinate, to the extent feasible, with State early childhood advisory councils established under section 642B(b)(1)(A) of the Head Start Act (
(B) encourage eligible entities to coordinate with organizations that have demonstrated experience in providing technical or financial assistance for the modernization, renovation, or repair of child care facilities.CommentsClose CommentsPermalink
(4) A description of how the State will ensure that eligible entities receiving subgrants under this section meet the requirements of this section.CommentsClose CommentsPermalink
(5) A description of how the State will give priority to eligible entities that serve the highest percentage of low-income individuals.CommentsClose CommentsPermalink
(6) A description of how the State will give priority to eligible entities that use green practices that are certified, verified, or consistent with any applicable provisions of--CommentsClose CommentsPermalink
(A) the LEED Green Building Rating System;CommentsClose CommentsPermalink
(B) Energy Star;CommentsClose CommentsPermalink
(C) the CHPS Criteria;CommentsClose CommentsPermalink
(D) Green Globes; orCommentsClose CommentsPermalink
(E) an equivalent program adopted by the State or another jurisdiction with authority over the eligible entity.CommentsClose CommentsPermalink
(7) A description of the steps that the State will take to ensure that eligible entities receiving subgrants will adequately maintain any facilities that are modernized, renovated, or repaired with subgrant funds awarded under subsection (d).CommentsClose CommentsPermalink
(f) Use of Funds- With respect to funds made available under this section that are used for the modernization, renovation, and repair of eligible educational facilities the following rules shall apply:CommentsClose CommentsPermalink
(1) PERMISSIBLE USES OF FUNDS- Facility modernization, renovation, and repair shall be limited to 1 or more of the following:CommentsClose CommentsPermalink
(A) Upgrades, repair, or replacement of building systems or components to improve the quality of education and ensure the health and safety of students and staff.CommentsClose CommentsPermalink
(B) Modifications necessary to render eligible educational facilities accessible in order to comply with the Americans with Disabilities Act of 1990 (
(C) Improvements to environmental conditions, including asbestos abatement or removal, and the reduction or elimination of human exposure to lead-based paint, mold, or mildew.CommentsClose CommentsPermalink
(D) Measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution.CommentsClose CommentsPermalink
(E) Modifications necessary to reduce the consumption of electricity, natural gas, oil, water, coal, or land.CommentsClose CommentsPermalink
(F) Upgrades or installations of educational technology infrastructure or training equipment.CommentsClose CommentsPermalink
(2) IMPERMISSIBLE USES OF FUNDS- Funds received under this section shall not be used for--CommentsClose CommentsPermalink
(A) payment of maintenance costs;CommentsClose CommentsPermalink
(B) purchase or upgrade of vehicles;CommentsClose CommentsPermalink
(C) improvement or construction of stand-alone facilities whose purpose is not the education or care of children or other students, including central office administration or operations or logistical support facilities;CommentsClose CommentsPermalink
(D) athletic facilities;CommentsClose CommentsPermalink
(E) purchase of carbon offsets; orCommentsClose CommentsPermalink
(F) the facilities of a sectarian institution, or facilities that are used primarily for sectarian purposes.CommentsClose CommentsPermalink
(3) SUPPLEMENT, NOT SUPPLANT- A local educational agency or State-operated or State-supported eligible entity shall use Federal funds subject to this subsection only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for school modernization, renovation, and repair.CommentsClose CommentsPermalink
(g) General Provision- Each eligible entity that receives subgrant funds under subsection (d) shall ensure that, if such eligible entity carries out modernization, renovation, and repair through a contract, any such contract process ensures the maximum number of qualified bidders, including small, minority, and women-owned businesses, through full and open competition.CommentsClose CommentsPermalink
(h) Report- The Secretary shall submit to the appropriations committees and the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (
(i) Funding- There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, $2,000,000,000 for each of fiscal years 2013 through 2022 to carry out this section.CommentsClose CommentsPermalink
SEC. 102. NATIONAL ENERGY RENOVATION AND RETROFIT PROGRAM.
Part D of title III of the Energy Policy and Conservation Act is amended by inserting after section 364 (
‘SEC. 364A. NATIONAL ENERGY RENOVATION AND RETROFIT PROGRAM.
‘(a) In General- The Secretary shall provide grants to eligible entities to pay the Federal share of the cost of carrying out comprehensive energy systems renovation, including--CommentsClose CommentsPermalink
‘(1) energy systems planning and assessment; andCommentsClose CommentsPermalink
‘(2) implementation of energy efficiency and renewable energy projects.CommentsClose CommentsPermalink
‘(b) Eligible Entities- An entity shall be eligible to obtain a grant under this section if the entity is a residential, commercial, industrial, manufacturing, institutional, educational, nonprofit, or other type of entity, organization, or consortia that is approved by the Secretary.CommentsClose CommentsPermalink
‘(c) Use- A grant provided under this section may be used by an eligible entity--CommentsClose CommentsPermalink
‘(1) to conduct entity energy assessments that cover total energy use across all members and activities of the entity;CommentsClose CommentsPermalink
‘(2) to analyze and summarize the major sources and impacts of the energy use described in paragraph (1);CommentsClose CommentsPermalink
‘(3) to identify alternative approaches to modifying energy systems to reduce energy use, reduce the environmental and climatic impact of the energy use, and increase the use of clean, domestic energy;CommentsClose CommentsPermalink
‘(4) to formulate an entity strategy for changing the overall energy usage of the entity;CommentsClose CommentsPermalink
‘(5) to implement the strategy described in paragraph (4) through the purchase and installation of energy efficiency and renewable energy systems and other actions, as determined by the entity; andCommentsClose CommentsPermalink
‘(6) to track and evaluate the effects of the entity energy renovation and retrofit efforts.CommentsClose CommentsPermalink
‘(d) Administration- The Secretary, in collaboration with State energy offices, shall establish procedures for soliciting and evaluating proposals from entities, overseeing grants to eligible entities, and otherwise administering this section, including procedures for--CommentsClose CommentsPermalink
‘(1) annual solicitation and grant cycles;CommentsClose CommentsPermalink
‘(2) education and technical assistance programs; andCommentsClose CommentsPermalink
‘(3) reporting and information-sharing activities.CommentsClose CommentsPermalink
‘(e) Allocation of Funds- The Secretary shall--CommentsClose CommentsPermalink
‘(1) determine the amount of funds that are allocated for grants for States and political subdivisions of States for a fiscal year under this section;CommentsClose CommentsPermalink
‘(2) provide a Federal share of not more than 50 percent of the cost of carrying out energy renovation programs under this section; andCommentsClose CommentsPermalink
‘(3) permit an eligible entity to provide the non-Federal share of the cost of carrying out energy renovation and retrofit programs under this section in the form of in-kind services.CommentsClose CommentsPermalink
‘(f) Funding- There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, $1,500,000,000 for each of fiscal years 2013 through 2022 to carry out this section.’.CommentsClose CommentsPermalink
SEC. 103. REBUILDING AMERICA’S INFRASTRUCTURE.
(a) In General- For fiscal years 2013 through 2022 and subject to the limitations provided in subsection (b), the following amounts shall be provided from the Rebuild America Trust Fund (referred to in this section as the ‘trust fund’):CommentsClose CommentsPermalink
(1) RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT OF THE DEPARTMENT OF AGRICULTURE- For additional amounts for the cost of direct loans and grants for rural community facilities programs as provided for under section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $400,000,000 in each of fiscal years 2013 and 2014 and $200,000,000 in each of fiscal years 2015 through fiscal year 2021.CommentsClose CommentsPermalink
(2) RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT OF THE RURAL UTILITIES SERVICE- For an additional amount for the cost of direct loans and grants for the rural water, waste water, and waste disposal programs as provide for under sections 306 and 310B and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, $1,200,000,000 in each of fiscal years 2013 and 2014 and $600,000,000 in each of fiscal years 2015 through fiscal year 2021. For the calculation of ability to pay for the determination of the grant loan ratio under this paragraph, only the community receiving the benefit for a project shall be considered.CommentsClose CommentsPermalink
(3) ECONOMIC DEVELOPMENT ADMINISTRATION OF THE DEPARTMENT OF COMMERCE- For an additional amount for ‘Economic Development Assistance Programs’, $500,000,000 in each of fiscal years 2013 and 2014 and $250,000,000 in each of fiscal years 2015 through fiscal year 2021. Of the sum provided by the preceding sentence, 10 percent of those funds provided may be transferred to federally authorized regional economic development commissions.CommentsClose CommentsPermalink
(4) CORPS OF ENGINEERS CIVIL OF THE DEPARTMENT OF THE ARMY OF THE DEPARTMENT OF DEFENSE-CommentsClose CommentsPermalink
(A) INVESTIGATIONS- For an additional amount for ‘Investigations’, $200,000,000 in each of fiscal years 2013 and 2014 and $100,000,000 in each of fiscal years 2015 through fiscal year 2021.CommentsClose CommentsPermalink
(B) CONSTRUCTION- For additional amounts for construction, $1,800,000,000 in each of fiscal years 2013 and 2014 and $900,000,000 in each of fiscal years 2015 through fiscal year 2021.CommentsClose CommentsPermalink
(C) SHARING- Notwithstanding any other provision of law, funds provided in this paragraph shall not be cost shared with the Inland Waterways Trust Fund as authorized in
(5) ENERGY EFFICIENCY AND RENEWABLE ENERGY PROGRAM OF THE DEPARTMENT OF ENERGY-CommentsClose CommentsPermalink
(A) EFFICIENCY- $2,000,000,000 shall be available for Energy Efficiency and Conservation Block Grants for implementation of programs authorized under subtitle E of title V of the Energy Independence and Security Act of 2007 (
(B) WEATHERIZATION-CommentsClose CommentsPermalink
(i) IN GENERAL- $2,000,000,000 shall be available for the Weatherization Assistance Program under part A of title IV of the Energy Conservation and Production Act (
(ii) WEATHERIZATION ASSISTANCE PROGRAM AMENDMENTS-CommentsClose CommentsPermalink
(I) INCOME LEVEL- Section 412(7) of the Energy Conservation and Production Act (
(II) ASSISTANCE LEVEL PER DWELLING UNIT- Section 415(c)(1) of the Energy Conservation and Production Act (
(C) STATES- $2,000,000,000 shall be for the State Energy Program authorized under part D of title III of the Energy Policy and Conservation Act (
(6) MITIGATION FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY OF THE DEPARTMENT OF HOMELAND SECURITY- $1,500,000,000 shall be available for the Hazard Mitigation Program in each of fiscal years 2013 and 2014 and $750,000,000 in each of fiscal years 2015 through fiscal year 2021. These funds shall be allocated by the Administrator in proportion to the hazard mitigation grants that were allocated to the states in the prior 5 years through Stafford Act allocations.CommentsClose CommentsPermalink
(7) STATE AND TRIBAL ASSISTANCE GRANTS OF THE ENVIRONMENTAL PROTECTION AGENCY- For State and Tribal Assistance Grants, $8,000,000,000 shall be provided in each of fiscal years 2013 and 2014 and $4,000,000,000 in each of fiscal years 2015 through fiscal year 2022 to be allocated as grants under section 1452 of the Safe Drinking Water Act. The funds appropriated by this paragraph shall not be subject to the matching or cost share requirements of sections 602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution Control Act nor the matching requirements of section 1452(e) of the Safe Drinking Water Act.CommentsClose CommentsPermalink
(8) SUPPLEMENTAL DISCRETIONARY GRANTS FOR A NATIONAL SURFACE TRANSPORTATION SYSTEM OF THE DEPARTMENT OF TRANSPORTATION- For an additional amount for capital investments in surface transportation infrastructure, $1,500,000,000 in each of fiscal years 2013 and 2014 and $750,000,000 in each of fiscal years 2015 through fiscal year 2021 to be awarded by the Secretary of Transportation to State and local governments or transit agencies on a competitive basis for projects that will have a significant impact on the United States, a metropolitan area, or a region: Provided further, That projects eligible for funding provided under this heading shall include highway or bridge projects eligible under title 23, United States Code, including interstate rehabilitation, improvements to the rural collector road system, the reconstruction of overpasses and interchanges, bridge replacements, seismic retrofit projects for bridges, and road realignments; public transportation projects eligible under chapter 53 of title 49, United States Code, including investments in projects participating in the New Starts or Small Starts programs that will expedite the completion of those projects and their entry into revenue service; passenger and freight rail transportation projects; and port infrastructure investments, including projects that connect ports to other modes of transportation and improve the efficiency of freight movement. Not more than 20 percent of the funds made available under this paragraph may be awarded to projects in a single State.CommentsClose CommentsPermalink
(9) FEDERAL AVIATION ADMINISTRATION- $300,000,000 for necessary investments in Federal Aviation Administration to make improvements to power systems, air route traffic control centers, air traffic control towers, terminal radar approach control facilities, and navigation and landing equipment in each of fiscal years 2013 and 2014 and $150,000,000 in each of fiscal years 2015 through fiscal year 2021.CommentsClose CommentsPermalink
(10) GRANTS-IN-AID FOR AIRPORTS- $600,000,000 for ‘Grants-In-Aid for Airports’ to make grants for discretionary projects as authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter 475 of title 49, United States Code, and for the procurement, installation and commissioning of runway incursion prevention devices and systems at airports in each of fiscal years 2013 and 2014 and $300,000,000 in each of fiscal years 2015 through fiscal year 2021.CommentsClose CommentsPermalink
(11) FEDERAL HIGHWAY ADMINISTRATION-CommentsClose CommentsPermalink
(A) HIGHWAY INFRASTRUCTURE INVESTMENT- $24,000,000,000 in each of fiscal years 2013 and 2014 and $12,000,000,000 in each of fiscal years 2015 through fiscal year 2021 to be allocated to the States in proportion to the allocations provided for programs under the administration of the Federal Highway Administration under SAFTEA-LU.CommentsClose CommentsPermalink
(B) CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS AND INTERCITY PASSENGER RAIL SERVICE- For an additional amount for section 501 of
(12) TRANSIT CAPITAL ASSISTANCE OF THE FEDERAL TRANSIT ADMINISTRATION- For transit capital grants under the allocations provided for under SAFTEA-LU and its extensions by both formula and competitively, $3,000,000,000 in each of fiscal years 2013 and 2014 and $1,500,000,000 in each of fiscal years 2015 through fiscal year 2021. Not less than one-third of these funds shall be allocated under the discretionary bus program.CommentsClose CommentsPermalink
(13) COMMUNITY DEVELOPMENT FUND OF THE COMMUNITY PLANNING AND DEVELOPMENT ADMINISTRATION- For an additional amount for ‘Community Development Fund’, $2,000,000,000 in each of fiscal years 2013 and 2014 and $1,000,000,000 in each of fiscal years 2015 through fiscal year 2021 to carry out the community development block grant program under title I of the Housing and Community Development Act of 1974 (
(b) Supplement Not Supplant-CommentsClose CommentsPermalink
(1) IN GENERAL- An entity shall use Federal funds made available under this section only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the activities involved.CommentsClose CommentsPermalink
(2) MAINTENANCE OF EFFORT- An entity shall ensure that for each fiscal year in which the entity receives Federal funds under this section, the entity will maintain existing non-Federal support for the activities for which such funds are provided at not less than the level of such support for the fiscal year preceding the year for which the funds are being provided.CommentsClose CommentsPermalink
(c) General Provision- Each entity that receives assistance with amounts made available under this section shall ensure that, if such entity carries out modernization, renovation, and repair through a contract, any such contract process ensures the maximum number of qualified bidders, including small, minority, and women-owned businesses, through full and open competition.CommentsClose CommentsPermalink
Subtitle B--Rebuilding America’s Manufacturing PowerCommentsClose CommentsPermalink
Subtitle B--Rebuilding America’s Manufacturing PowerCommentsClose CommentsPermalink
SEC. 111. NATIONAL MANUFACTURING STRATEGY.
(a) Strategy Required-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the President shall develop a comprehensive national manufacturing strategy.CommentsClose CommentsPermalink
(2) BIENNIAL REVISIONS- Not less frequently than once every 2 years after the date on which the President completes the strategy required by paragraph (1), the President shall revise such strategy.CommentsClose CommentsPermalink
(b) Goals of Strategy- The President shall include in the national manufacturing strategy required by subsection (a) short- and long-term goals for United States manufacturing, including goals--CommentsClose CommentsPermalink
(1) to increase the aggregate number of manufacturing jobs in the United States so that such number is not less than 20 percent of the sum of all nonfarm jobs in the United States;CommentsClose CommentsPermalink
(2) to identify emerging technologies to strengthen the competitiveness of United States manufacturing in the global marketplace; andCommentsClose CommentsPermalink
(3) to strengthen the manufacturing sectors of the United States in which the United States is most competitive in the global economy.CommentsClose CommentsPermalink
(c) Information Required- The national manufacturing strategy required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A survey of all persons with headquarters in the United States that maintain manufacturing facilities outside of the United States to identify--CommentsClose CommentsPermalink
(A) the categories of products manufactured at such facilities; andCommentsClose CommentsPermalink
(B) the number of manufacturing jobs located at such facilities.CommentsClose CommentsPermalink
(2) A survey of all Federal agencies that provide assistance to United States manufacturers, including the following:CommentsClose CommentsPermalink
(A) The Department of Commerce.CommentsClose CommentsPermalink
(B) The Department of Defense.CommentsClose CommentsPermalink
(C) The Department of Energy.CommentsClose CommentsPermalink
(D) The Department of Labor.CommentsClose CommentsPermalink
(E) The Department of the Treasury.CommentsClose CommentsPermalink
(F) The Small Business Administration.CommentsClose CommentsPermalink
(G) The Office of Management and Budget.CommentsClose CommentsPermalink
(H) The Office of Science and Technology Policy.CommentsClose CommentsPermalink
(I) The Office of the United States Trade Representative.CommentsClose CommentsPermalink
(J) The National Science Foundation.CommentsClose CommentsPermalink
(K) Such other Federal agencies as the President considers appropriate.CommentsClose CommentsPermalink
(3) A survey of manufacturing goods produced in the United States and where such goods are produced.CommentsClose CommentsPermalink
(4) The number of people in the United States employed by manufacturers operating in the United States.CommentsClose CommentsPermalink
(5) An evaluation of the global competitiveness of United States manufacturing, including the following:CommentsClose CommentsPermalink
(A) A comparison of the manufacturing policies and strategies of the United States with the policies and strategies of other counties, including the countries that are the top 5 trading partners of the United States.CommentsClose CommentsPermalink
(B) A comparison of the productivity of each sector of the manufacturing industry in the United States with comparable sectors of manufacturing industries in other countries.CommentsClose CommentsPermalink
(d) Recommendations- The President shall include in the national manufacturing strategy required by subsection (a) recommendations for achieving the goals included in the strategy pursuant to subsection (b). Such recommendations may include proposals as follows:CommentsClose CommentsPermalink
(1) Actions to be taken by the President, Congress, State, local, and territorial governments, the private sector, universities, industry associations, and other stakeholders.CommentsClose CommentsPermalink
(2) Ways to improve Government policies, coordination among entities developing such policies, and Government interaction with the manufacturing sector, including interagency communications regarding the effects of proposed or active Government regulations or other executive actions on the United States manufacturing sector and its workforce.CommentsClose CommentsPermalink
(3) How each Federal agency surveyed under subsection (c)(2) can best support the national manufacturing strategy required by subsection (a).CommentsClose CommentsPermalink
(4) Adoption of strategies that have been implemented by other countries and proven successful.CommentsClose CommentsPermalink
(e) Submittal of Strategy- Not later than 180 days after the date of the enactment of this Act and each time the President revises under paragraph (2) of subsection (a) the strategy required by paragraph (1) of such subsection, the President shall submit to Congress such strategy.CommentsClose CommentsPermalink
SEC. 112. SECTORAL TECHNOLOGY AND INNOVATION CENTERS.
The National Institute of Standards and Technology Act (
‘SEC. 27. SECTORAL TECHNOLOGY AND INNOVATION CENTERS.
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) ELIGIBLE ENTITIES- The term ‘eligible entities’ means a consortia that--CommentsClose CommentsPermalink
‘(A) is comprised of representatives from various organizations, such as State and local governments, institutions of higher education, nonprofit organization, and businesses;CommentsClose CommentsPermalink
‘(B) has an expertise in either a specific area of technology or a specific aspect of the manufacturing process; andCommentsClose CommentsPermalink
‘(C) has a capacity to serve small- or medium-sized manufacturers across the United States.CommentsClose CommentsPermalink
‘(2) INDUSTRY CLUSTER- The term ‘industry cluster’ means a geographic concentration of interconnected companies, specialized suppliers, service providers, and associated institutions in a particular industry sector.CommentsClose CommentsPermalink
‘(3) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given the term in section 102 of the Higher Education Act of 1965 (
20 U.S.C. 1002 ).CommentsClose CommentsPermalink‘(4) SMALL- OR MEDIUM-SIZED MANUFACTURER- The term ‘small- or medium-sized manufacturer’ means a manufacturer that is a small business concern (as such term is defined in section 3 of the Small Business Act (
15 U.S.C. 632 )).CommentsClose CommentsPermalink‘(b) Grants Authorized-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary may award grants to eligible entities to establish sectoral technology and innovation centers--CommentsClose CommentsPermalink
‘(A) to improve the capacity of small- or medium-sized manufacturers to innovate;CommentsClose CommentsPermalink
‘(B) to provide assistance to small- or medium-sized manufacturers with early-stage product development;CommentsClose CommentsPermalink
‘(C) to help small- or medium-sized manufacturers improve the speed with which they commercialize new products, processes, and technologies;CommentsClose CommentsPermalink
‘(D) to help small- or medium-sized manufacturers reduce costs by improving efficiencies in the manufacturing process, including through reduced energy use and environmental waste;CommentsClose CommentsPermalink
‘(E) to link small- or medium-sized manufacturers with cutting edge research and technologies developed by employees of institutions of higher education or other institutions that conduct scientific research; andCommentsClose CommentsPermalink
‘(F) to facilitate the sharing of information and best practices relating to manufacturing and product development among the following:CommentsClose CommentsPermalink
‘(i) Small- or medium-sized manufacturers.CommentsClose CommentsPermalink
‘(ii) Federal and State agencies that provide assistance to small- or medium-sized manufacturers.CommentsClose CommentsPermalink
‘(iii) Nongovernmental organizations that provide assistance to small- or medium-sized manufacturers.CommentsClose CommentsPermalink
‘(iv) Institutions of higher education.CommentsClose CommentsPermalink
‘(2) MINIMUM NUMBER OF SECTORAL TECHNOLOGY AND INNOVATION CENTERS- In awarding grants under paragraph (1), the Secretary shall ensure that not fewer than 25 sectoral technology and innovation centers are established under this section before the date that is 2 years after the date of the enactment of this section.CommentsClose CommentsPermalink
‘(c) Use of Funds-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Grants awarded pursuant to subsection (b)(1) shall be used to establish a sectoral technology and innovation center that offers a range of services for the purposes described in paragraphs (1) through (6) of such subsection, including services relating to the following:CommentsClose CommentsPermalink
‘(A) Applied research and development.CommentsClose CommentsPermalink
‘(B) Proof-of-concept development and prototyping.CommentsClose CommentsPermalink
‘(C) Manufacturing process development and efficiency enhancements.CommentsClose CommentsPermalink
‘(D) Other technical business matters.CommentsClose CommentsPermalink
‘(2) FOCUS- Each technology innovation center established with a grant awarded under subsection (b)(1) shall be established with a focus on a specific technology area or specific aspect of the manufacturing process corresponding with--CommentsClose CommentsPermalink
‘(A) the expertise of the eligible entity establishing the center; andCommentsClose CommentsPermalink
‘(B) the needs of an industry cluster located in geographic proximity to the center.CommentsClose CommentsPermalink
‘(3) CHANGE IN SERVICES PROVIDED- The Secretary may allow a recipient of a grant under subsection (b)(1) to modify the range of services offered by the recipient’s technology innovation center under paragraph (1) of this subsection.CommentsClose CommentsPermalink
‘(4) AFFILIATION WITH INSTITUTIONS OF HIGHER EDUCATION AND NATIONAL LABORATORIES- Services offered by a technology innovation center under paragraph (1) shall be offered in affiliation with an institution of higher education or a national laboratory.CommentsClose CommentsPermalink
‘(d) Application for Grants-CommentsClose CommentsPermalink
‘(1) IN GENERAL- An eligible entity seeking a grant under subsection (b)(1) shall submit to the Secretary an application therefor in such form and in such manner as the Secretary considers appropriate.CommentsClose CommentsPermalink
‘(2) PROCESS REQUIRED- The Secretary shall establish a standardized application process for purposes of awarding grants under subsection (b)(1).CommentsClose CommentsPermalink
‘(3) SOLICITATION OF APPLICATIONS- The Secretary shall solicit applications for grants under subsection (b) from eligible entities.CommentsClose CommentsPermalink
‘(e) Selection of Grant Recipients-CommentsClose CommentsPermalink
‘(1) COMPETITIVE BASIS- Grants awarded under subsection (b)(1) shall be awarded on a competitive basis.CommentsClose CommentsPermalink
‘(2) PREFERENCES- In selecting grant recipients, the Secretary shall give preference to an eligible entity that--CommentsClose CommentsPermalink
‘(A) has an expertise in a specific technology area or manufacturing process that is needed by an industry cluster;CommentsClose CommentsPermalink
‘(B) agrees to establish a technology innovation center in the geographical area of such industry cluster;CommentsClose CommentsPermalink
‘(C) represents a broad range of stakeholders; andCommentsClose CommentsPermalink
‘(D) can demonstrate that the non-Federal contributions for the operation of the technology innovation center will be significant.CommentsClose CommentsPermalink
‘(3) CONSULTATION- In selecting grant recipients, the Secretary shall consult with the Secretary of Agriculture, the Secretary of Defense, the Secretary of Energy, the Secretary of Labor, the Assistant Secretary for Economic Development, the National Science Foundation, the Office of Innovation and Entrepreneurship, and such other Federal agencies as may be appropriate to determine whether applicants have sufficient expertise to establish a technology innovation center as described in paragraphs (1) and (2) of subsection (c).CommentsClose CommentsPermalink
‘(f) Federal Share- An eligible entity that receives a grant under subsection (b)(1) shall provide such non-Federal contributions for the operation of the sectoral technology and innovation center established with such grant as the Secretary considers appropriate.CommentsClose CommentsPermalink
‘(g) User Fees- An eligible entity that establishes a technology innovation center with a grant awarded under subsection (b)(1) may establish user fees to be paid by recipients of services provided by the center to meet the operating costs of the center or for purposes of providing non-Federal contributions as required by subsection (f).CommentsClose CommentsPermalink
‘(h) Funding- There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, the following amount to carry out this section:CommentsClose CommentsPermalink
‘(1) $1,000,000,000 for fiscal year 2013.CommentsClose CommentsPermalink
‘(2) $2,500,000,000 for fiscal year 2014.CommentsClose CommentsPermalink
‘(3) $2,500,000,000 for fiscal year 2015.CommentsClose CommentsPermalink
‘(4) $1,000,000,000 for each of fiscal years 2016 through 2022.’.CommentsClose CommentsPermalink
SEC. 113. CAPITAL FOR SMALL MANUFACTURERS WITH FIRM ORDERS.
(a) In General- Section 7(a) of the Small Business Act (
‘(36) CAPITAL FOR SMALL MANUFACTURERS WITH FIRM ORDERS-CommentsClose CommentsPermalink
‘(A) DEFINITIONS- In this paragraph--CommentsClose CommentsPermalink
‘(i) the term ‘firm order’ means an order for goods placed by a person that the Administrator determines is--CommentsClose CommentsPermalink
‘(I) required by law or contract to pay for the goods upon receipt of the goods; andCommentsClose CommentsPermalink
‘(II) likely to make the payment described in subclause (I); andCommentsClose CommentsPermalink
‘(ii) the term ‘manufacturer’ means a small business concern the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System.CommentsClose CommentsPermalink
‘(B) IN GENERAL- The Administrator may guarantee a loan under this subsection to a manufacturer, to provide capital for the production of goods for a firm order, if the Administrator determines that the manufacturer will be able to produce the goods using the capital.CommentsClose CommentsPermalink
‘(C) AMOUNT- A loan guaranteed under this paragraph shall be in an amount that is not more than $10,000,000.CommentsClose CommentsPermalink
‘(D) GUARANTEE PERCENTAGE- The Administrator may guarantee not more than 95 percent of the amount of a loan under this paragraph.’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendments- Section 1133(b) of the Small Business Jobs Act of 2010 (
(1) in paragraph (1), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (2), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) by redesignating paragraph (36), as added by section 113 of the Rebuild America Act, as paragraph (35).’.CommentsClose CommentsPermalink
SEC. 114. MANUFACTURING EXTENSION PARTNERSHIP.
(a) In General- There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, $130,000,000 for each of fiscal years 2013 through 2022 for the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology.CommentsClose CommentsPermalink
(b) Adjustments for Inflation- For fiscal year 2014 and each fiscal year thereafter, the amount specified in subsection (a) shall be adjusted to reflect the percentage (if any) of the increase or decrease (as the case may be) in the average of the Consumer Price Index for the 12-month period ending on the April 30 preceding the beginning of the fiscal year compared to the average of the Consumer Price Index for the 12-month period ending April 30, 2012.CommentsClose CommentsPermalink
SEC. 115. EXTENSION OF RESEARCH CREDIT; INCREASE IN ALTERNATIVE SIMPLIFIED RESEARCH CREDIT.
(a) Extension of Credit-CommentsClose CommentsPermalink
(1) IN GENERAL- Subparagraph (B) of section 41(h)(1) of the Internal Revenue Code of 1986 is amended by striking ‘December 31, 2011’ and inserting ‘December 31, 2016’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Subparagraph (D) of section 45C(b)(1) of such Code is amended by striking ‘December 31, 2011’ and inserting ‘December 31, 2016’.CommentsClose CommentsPermalink
(3) EFFECTIVE DATE- The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2011.CommentsClose CommentsPermalink
(b) Alternative Simplified Research Credit Increased-CommentsClose CommentsPermalink
(1) INCREASED CREDIT- Subparagraph (A) of section 41(c)(5) of the Internal Revenue Code of 1986 is amended to read as follows:CommentsClose CommentsPermalink
‘(A) DETERMINATION OF CREDIT-CommentsClose CommentsPermalink
‘(i) IN GENERAL- At the election of the taxpayer, the credit determined under subsection (a)(1) shall be equal to the applicable percentage of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined.CommentsClose CommentsPermalink
‘(ii) APPLICABLE PERCENTAGE- For purposes of clause (i), the applicable percentage for any taxable year is equal to--CommentsClose CommentsPermalink
‘(I) 14 percent, increased byCommentsClose CommentsPermalink
‘(II) 1 percentage point (not to exceed 6 percentage points) for each 2 percent increase in the taxpayer’s qualified manufacturing full-time equivalent employees during the 5-taxable-year period ending immediately before such taxable year.CommentsClose CommentsPermalink
‘(iii) LIMITATION- The increase in the amount of the credit determined under subsection (a)(1) by reason of the application of clause (ii)(II) shall not exceed the product of--CommentsClose CommentsPermalink
‘(I) $5,000, multiplied byCommentsClose CommentsPermalink
‘(II) the number of qualified manufacturing full-time equivalent employees taken into account for purposes of determining the increase described in clause (ii)(II).CommentsClose CommentsPermalink
‘(iv) QUALIFIED MANUFACTURING FULL-TIME EQUIVALENT EMPLOYEES- For purposes of this subparagraph, the term ‘qualified manufacturing full-time equivalent employees’ means full-time equivalent employees (as defined in section 45R(d)(2)) who provide the taxpayer manufacturing services in the United States.CommentsClose CommentsPermalink
‘(v) EMPLOYEES EXCLUDED FOR CHANGES IN OWNERSHIP OF TRADES OR BUSINESSES- In determining the number of qualified manufacturing full-time equivalent employees for any 5-taxable-year period referred to in clause (ii)(II), the taxpayer shall not take into account--CommentsClose CommentsPermalink
‘(I) any individual who was an employee, on the date of acquisition, of any trade or business acquired by the taxpayer during such period, andCommentsClose CommentsPermalink
‘(II) any individual who was an employee of any trade or business disposed of by the taxpayer during such period.CommentsClose CommentsPermalink
‘(vi) MANUFACTURING SERVICES- For purposes of this subparagraph, the term ‘manufacturing services’ means qualified production activities within the meaning of section 199(c) other than the extraction of fossil fuels or minerals, agricultural production, activities described in section 199(b)(2)(D), or activities described in 199(c)(4)(B).’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 41(c)(5)(B)(ii) of such Code is amended by striking ‘6 percent’ and inserting ‘one-half of the applicable percentage’.CommentsClose CommentsPermalink
(3) EFFECTIVE DATE- The amendments made by this subsection shall apply to taxable years beginning after December 31, 2016.CommentsClose CommentsPermalink
(c) Technical Corrections-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 409 of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink
(A) by inserting ‘, as in effect before the enactment of the Tax Reform Act of 1984)’ after ‘section 41(c)(1)(B)’ in subsection (b)(1)(A),CommentsClose CommentsPermalink
(B) by inserting ‘, as in effect before the enactment of the Tax Reform Act of 1984’ after ‘relating to the employee stock ownership credit’ in subsection (b)(4),CommentsClose CommentsPermalink
(C) by inserting ‘(as in effect before the enactment of the Tax Reform Act of 1984)’ after ‘section 41(c)(1)(B)’ in subsection (i)(1)(A),CommentsClose CommentsPermalink
(D) by inserting ‘(as in effect before the enactment of the Tax Reform Act of 1984)’ after ‘section 41(c)(1)(B)’ in subsection (m),CommentsClose CommentsPermalink
(E) by inserting ‘(as so in effect)’ after ‘section 48(n)(1)’ in subsection (m),CommentsClose CommentsPermalink
(F) by inserting ‘(as in effect before the enactment of the Tax Reform Act of 1984)’ after ‘section 48(n)’ in subsection (q)(1), andCommentsClose CommentsPermalink
(G) by inserting ‘(as in effect before the enactment of the Tax Reform Act of 1984)’ after ‘section 41’ in subsection (q)(3).CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendments made by this subsection shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 116. INCLUSION OF CERTAIN PROVISIONS IN TRADE AGREEMENTS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CORE LABOR RIGHTS- The term ‘core labor rights’ means the core labor rights as stated in the International Labour Organization conventions dealing with--CommentsClose CommentsPermalink
(A) freedom of association and the effective recognition of the right to collective bargaining;CommentsClose CommentsPermalink
(B) the elimination of all forms of forced or compulsory labor;CommentsClose CommentsPermalink
(C) the effective abolition of child labor; andCommentsClose CommentsPermalink
(D) the elimination of discrimination with respect to employment and occupation.CommentsClose CommentsPermalink
(2) MULTILATERAL ENVIRONMENTAL AGREEMENT- The term ‘multilateral environmental agreement’ means any international agreement or provision thereof to which the United States is a party and that is intended to protect, or has the effect of protecting, the environment or human health.CommentsClose CommentsPermalink
(b) Limitation on Consideration of Bills Implementing Trade Agreements- Notwithstanding section 151 of the Trade Act of 1974 (
(c) Requirements- Each trade agreement between the United States and another country with respect to which an implementing bill is introduced on or after the date of the enactment of this Act shall meet the following requirements:CommentsClose CommentsPermalink
(1) LABOR STANDARDS- The labor provisions of the agreement shall--CommentsClose CommentsPermalink
(A) be included in the core text of the agreement;CommentsClose CommentsPermalink
(B) require each country that is a party to the agreement--CommentsClose CommentsPermalink
(i) to adopt and maintain laws and regulations (including laws applicable to any designated zone in the country) that establish core labor rights; andCommentsClose CommentsPermalink
(ii) to effectively enforce laws relating to core labor rights and laws relating to acceptable conditions of work (including laws relating to minimum wages, hours of work, and occupational safety and health);CommentsClose CommentsPermalink
(C) prohibit a country that is a party to the agreement from waiving or otherwise derogating from, or offering to waive or otherwise derogate from, the country’s laws and regulations relating to the core labor rights and acceptable conditions of work described in subparagraph (B);CommentsClose CommentsPermalink
(D) provide that failures to meet the labor requirements of the agreement, regardless of the effect that failure has on trade, shall be subject to the dispute resolution and enforcement mechanisms and penalties of the agreement;CommentsClose CommentsPermalink
(E) provide that enforcement mechanisms and penalties for failures described in subparagraph (D) are included in the core text of the agreement and are at least as effective as the mechanisms and penalties that apply to the commercial provisions of the agreement; andCommentsClose CommentsPermalink
(F) strengthen the capacity of each country that is a party to the agreement to promote, protect, and enforce core labor rights.CommentsClose CommentsPermalink
(2) ENVIRONMENTAL AND PUBLIC SAFETY STANDARDS- The environmental provisions of the agreement shall--CommentsClose CommentsPermalink
(A) be included in the text of the agreement;CommentsClose CommentsPermalink
(B) prohibit each country that is a party to the agreement from weakening, eliminating, or failing to enforce domestic environmental or other public interest standards to promote trade or attract investment;CommentsClose CommentsPermalink
(C) require each such country to implement and enforce fully and effectively the country’s obligations under multilateral environmental agreements and provide for the enforcement of such obligations under the agreement;CommentsClose CommentsPermalink
(D) prohibit the trade of products that are illegally harvested or extracted and the trade of goods derived from illegally harvested or extracted natural resources, including timber and timber products, fish, wildlife, and associated products, mineral resources, or other environmentally sensitive goods;CommentsClose CommentsPermalink
(E) provide that the failure to meet the environmental standards required by the agreement be subject to dispute resolution and enforcement mechanisms and penalties that are at least as effective as the mechanisms and penalties that apply to the commercial provisions of the agreement; andCommentsClose CommentsPermalink
(F) allow each country that is a party to the agreement to adopt and implement environmental, health, and safety standards, recognizing the legitimate right of governments to protect the environment and public health and safety.CommentsClose CommentsPermalink
(3) INVESTMENT PROVISIONS- If the agreement contains provisions relating to investment, such provisions shall--CommentsClose CommentsPermalink
(A) ensure that foreign investors operating in the United States are not afforded greater procedural or substantive rights under the trade agreement than those afforded to domestic investors under the Constitution and laws of the United States;CommentsClose CommentsPermalink
(B) include strong and enforceable commitments that an entity owned or controlled by a foreign government that invests in operations in the United States--CommentsClose CommentsPermalink
(i) will make such investments and will conduct such operations on a commercial basis only; andCommentsClose CommentsPermalink
(ii) will not receive benefits, such as financing, at below market rates, or components or materials at below market prices, from the foreign government for such operations; andCommentsClose CommentsPermalink
(C) define the standard of minimum treatment to provide that foreign investors do not have greater legal rights than United States citizens possess under the due process clause of section 1 of the 14th Amendment to the Constitution.CommentsClose CommentsPermalink
(d) Point of Order in Senate- The Senate shall cease consideration of a bill to implement a trade agreement introduced on or after the date of enactment of this Act if--CommentsClose CommentsPermalink
(1) a point of order is made by any Senator against the bill based on the noncompliance of the trade agreement with the requirements of subsection (c); andCommentsClose CommentsPermalink
(2) the point of order is sustained by the Presiding Officer.CommentsClose CommentsPermalink
(e) Waivers and Appeals-CommentsClose CommentsPermalink
(1) WAIVERS- Before the Presiding Officer rules on a point of order described in subsection (d), any Senator may move to waive the point of order and the motion to waive shall not be subject to amendment. A point of order described in subsection (d) is waived only by the affirmative vote of 60 Members of the Senate, duly chosen and sworn.CommentsClose CommentsPermalink
(2) APPEALS- After the Presiding Officer rules on a point of order described in subsection (d), any Senator may appeal the ruling of the Presiding Officer on the point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. A ruling of the Presiding Officer on a point of order described in subsection (d) is sustained unless 60 Members of the Senate, duly chosen and sworn, vote not to sustain the ruling.CommentsClose CommentsPermalink
(3) DEBATE- Debate on the motion to waive under paragraph (1) or on an appeal of the ruling of the Presiding Officer under paragraph (2) shall be limited to 1 hour. The time shall be equally divided between, and controlled by, the majority leader and the minority leader of the Senate, or their designees.CommentsClose CommentsPermalink
SEC. 117. FUNDING FOR INTERAGENCY TRADE ENFORCEMENT CENTER.
(a) In General- There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, the following amounts for the Interagency Trade Enforcement Center established by Executive Order of February 28, 2012, entitled ‘Establishment of the Interagency Trade Enforcement Center’:CommentsClose CommentsPermalink
(1) For fiscal year 2013, $26,000,000.CommentsClose CommentsPermalink
(2) For fiscal year 2014 and each fiscal year thereafter, the amount specified in paragraph (1), as adjusted to reflect the percentage (if any) of the increase or decrease (as the case may be) in the average of the Consumer Price Index for the 12-month period ending on the April 30 preceding the beginning of the fiscal year compared to the average of the Consumer Price Index for the 12-month period ending April 30, 2012.CommentsClose CommentsPermalink
(b) Consumer Price Index Defined- In this section, the term ‘Consumer Price Index’ means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.CommentsClose CommentsPermalink
SEC. 118. IMPOSITION OF COUNTERVAILING DUTIES FOR SUBSIDIES RELATING TO FUNDAMENTALLY UNDERVALUED CURRENCIES.
(a) Benefit Conferred- Section 771(5)(E) of the Tariff Act of 1930 (
(1) in clause (iii), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in clause (iv), by striking the period at the end and inserting ‘, and’; andCommentsClose CommentsPermalink
(3) by inserting after clause (iv) the following new clause:CommentsClose CommentsPermalink
‘(v) in the case in which the currency of a country in which the subject merchandise is produced is exchanged for foreign currency obtained from export transactions, and the currency of such country is a fundamentally undervalued currency, as defined in paragraph (37), if there is a difference between the amount of the currency of such country provided and the amount of the currency of such country that would have been provided if the real effective exchange rate of the currency of such country were not undervalued, as determined pursuant to paragraph (38).’.CommentsClose CommentsPermalink
(b) Export Subsidy- Section 771(5A)(B) of the Tariff Act of 1930 (
(c) Definition of Fundamentally Undervalued Currency- Section 771 of the Tariff Act of 1930 (
‘(37) FUNDAMENTALLY UNDERVALUED CURRENCY- The administering authority shall determine that the currency of a country in which the subject merchandise is produced is a ‘fundamentally undervalued currency’ if--CommentsClose CommentsPermalink
‘(A) the government of the country (including any public entity within the territory of the country) engages in protracted, large-scale intervention in one or more foreign exchange markets during part or all of the 18-month period that represents the most recent 18 months for which the information required under paragraph (38) is reasonably available, but that does not include any period of time later than the final month in the period of investigation or the period of review, as applicable;CommentsClose CommentsPermalink
‘(B) the real effective exchange rate of the currency is undervalued by at least 5 percent, on average and as calculated under paragraph (38), relative to the equilibrium real effective exchange rate for the country’s currency during the 18-month period;CommentsClose CommentsPermalink
‘(C) during the 18-month period, the country has experienced significant and persistent global current account surpluses; andCommentsClose CommentsPermalink
‘(D) during the 18-month period, the foreign asset reserves held by the government of the country exceed--CommentsClose CommentsPermalink
‘(i) the amount necessary to repay all debt obligations of the government falling due within the coming 12 months;CommentsClose CommentsPermalink
‘(ii) 20 percent of the country’s money supply, using standard measures of M2; andCommentsClose CommentsPermalink
‘(iii) the value of the country’s imports during the previous 4 months.’.CommentsClose CommentsPermalink
(d) Definition of Real Effective Exchange Rate Undervaluation- Section 771 of the Tariff Act of 1930 (
‘(38) REAL EFFECTIVE EXCHANGE RATE UNDERVALUATION- The calculation of real effective exchange rate undervaluation, for purposes of paragraph (5)(E)(v) and paragraph (37), shall--CommentsClose CommentsPermalink
‘(A)(i) rely upon, and where appropriate be the simple average of, the results yielded from application of the approaches described in the guidelines of the International Monetary Fund’s Consultative Group on Exchange Rate Issues; orCommentsClose CommentsPermalink
‘(ii) if the guidelines of the International Monetary Fund’s Consultative Group on Exchange Rate Issues are not available, be based on generally accepted economic and econometric techniques and methodologies to measure the level of undervaluation;CommentsClose CommentsPermalink
‘(B) rely upon data that are publicly available, reliable, and compiled and maintained by the International Monetary Fund or, if the International Monetary Fund cannot provide the data, by other international organizations or by national governments; andCommentsClose CommentsPermalink
‘(C) use inflation-adjusted, trade-weighted exchange rates.’.CommentsClose CommentsPermalink
(e) Application to Goods From Canada and Mexico- Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act of 1993 (
Subtitle C--Preparing Americans for the Jobs of the FutureCommentsClose CommentsPermalink
Subtitle C--Preparing Americans for the Jobs of the FutureCommentsClose CommentsPermalink
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ‘Regional Partnerships for High-Quality Jobs Act’.CommentsClose CommentsPermalink
SEC. 122. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) CAREER AND TECHNICAL EDUCATION SYSTEM- The term ‘career and technical education system’ means, with respect to a State, the eligible agency (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
(2) CAREER PATHWAY-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘career pathway’ means a set of rigorous, engaging, and high-quality education, occupational training, and other services to prepare individuals to meet a set of career-related objectives as referenced in subparagraph (C).CommentsClose CommentsPermalink
(B) SERVICES- The services referred to in subparagraph (A) shall be--CommentsClose CommentsPermalink
(i) aligned with the skill needs of industries in the economy of the service area involved; andCommentsClose CommentsPermalink
(ii) designed to increase an individual’s educational and skill attainment, and improve the individual’s employment outcomes and ability to meet career-related objectives, by--CommentsClose CommentsPermalink
(I) preparing individuals for the full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663;
(II) including counseling and support services to help individuals achieve their education and career goals;CommentsClose CommentsPermalink
(III) including, as appropriate for an individual, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; andCommentsClose CommentsPermalink
(IV) organizing education, occupational training, and other services to meet the particular needs of the individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable.CommentsClose CommentsPermalink
(C) OBJECTIVES- The objectives referred to in subparagraph (A) include--CommentsClose CommentsPermalink
(i) enabling a worker to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; andCommentsClose CommentsPermalink
(ii) helping a worker enter or advance within a specific occupation or occupational cluster.CommentsClose CommentsPermalink
(3) COMMUNITY COLLEGE- The term ‘community college’ has the same meaning as the term ‘junior or community college’, as defined in section 312(f) of the Higher Education Act of 1965 (
(4) EDUCATION TERMS- The term ‘adult education’ has the meaning given the term in section 203 of the Adult Education and Family Literacy Act (
(5) HIGH-QUALITY EMPLOYMENT- The term ‘high-quality employment’ means employment with, at a minimum, family-sustaining compensation (as determined by the Secretaries) and opportunities for advancement (as so determined).CommentsClose CommentsPermalink
(6) INDIVIDUAL WITH A DISABILITY; INDIVIDUALS WITH DISABILITIES-CommentsClose CommentsPermalink
(A) INDIVIDUAL WITH A DISABILITY- The term ‘individual with a disability’ has the meaning given the term in section 7(20)(A) of the Rehabilitation Act of 1973 (
(B) INDIVIDUALS WITH DISABILITIES- The term ‘individuals with disabilities’ means more than 1 individual with a disability.CommentsClose CommentsPermalink
(7) INDUSTRY-RECOGNIZED CREDENTIAL- The term ‘industry-recognized credential’ means such a credential within the meaning of section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (
(8) LABOR ORGANIZATION- The term ‘labor organization’ has the meaning given the term in section 2 of the National Labor Relations Act (
(9) OCCUPATIONAL TRAINING- The term ‘occupational training’ means training services, as described in section 134(d)(4)(D) of the Workforce Investment Act of 1998 (
(10) PRIORITY WORKERS- The term ‘priority workers’ means individuals who are--CommentsClose CommentsPermalink
(A) individuals unemployed for 52 weeks or more;CommentsClose CommentsPermalink
(B) youth age 16 through 24 who have been out of school or out of work, as appropriate, for more than 6 months and do not possess a secondary school diploma or its recognized equivalent;CommentsClose CommentsPermalink
(C) individuals with disabilities;CommentsClose CommentsPermalink
(D) individuals with low literacy levels; orCommentsClose CommentsPermalink
(E) veterans, as defined in
(11) RECOGNIZED POSTSECONDARY CREDENTIAL- The term ‘recognized postsecondary credential’ means a credential consisting of an industry-recognized credential, a certificate of completion of an apprenticeship registered under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663;
(12) SECRETARIES- The term ‘Secretaries’ means the Secretary of Education and the Secretary of Labor, acting in accordance with the agreement described in section 123(c).CommentsClose CommentsPermalink
(13) SERVICE AREA- The term ‘service area’--CommentsClose CommentsPermalink
(A) used with respect to a regional partnership, means a labor market area; andCommentsClose CommentsPermalink
(B) used with respect to a State partnership, means 2 or more labor market areas in the State that are identified by the State partnership.CommentsClose CommentsPermalink
SEC. 123. PROGRAM.
(a) In General- The Secretary of Labor and the Secretary of Education shall establish a program to educate and train workers for high-quality employment.CommentsClose CommentsPermalink
(b) Grants-CommentsClose CommentsPermalink
(1) IN GENERAL- In carrying out the program, the Secretaries shall award grants, on a competitive basis, to eligible entities to develop or enhance, and provide, career pathways and adult learning strategies that integrate education, occupational training, and supportive services. The career pathways and learning strategies shall prepare individuals for existing or emerging employment opportunities in a service area, which shall include such preparation through the attainment of a recognized postsecondary credential.CommentsClose CommentsPermalink
(2) GRANT PERIOD- A grant awarded to an eligible entity under this section shall be awarded for a period of not more than 5 years. The grant may be renewed for not more than 1 such additional grant period, contingent on satisfactory performance of the eligible entity relating to the expected outcomes described in section 125(1).CommentsClose CommentsPermalink
(3) PARTNERSHIPS- The eligible entities shall provide the career pathways and learning strategies through industry-focused, employer-linked regional or State partnerships described in section 124.CommentsClose CommentsPermalink
(c) Agreement- The Secretary of Labor and the Secretary of Education shall enter into an interagency agreement that describes how the Secretaries will jointly administer the program.CommentsClose CommentsPermalink
SEC. 124. ELIGIBLE ENTITIES.
(a) In General- To be eligible to receive a grant under section 123 for a service area, an entity shall consist of a partnership described in section 123(b)--CommentsClose CommentsPermalink
(1) that shall include--CommentsClose CommentsPermalink
(A) employers of various sizes in the service area, whose job vacancies represent a significant share of current or future job vacancies, and that pledge to train or employ participants in the project carried out under the grant; andCommentsClose CommentsPermalink
(B) community colleges that will provide education and occupational training, aligned with current or future job vacancies, through the project; andCommentsClose CommentsPermalink
(2) that shall include at least 1 of the following:CommentsClose CommentsPermalink
(A) A State agency.CommentsClose CommentsPermalink
(B) A chief elected official, as defined in section 101 of the Workforce Investment Act of 1998 (
(C) A nonprofit organization with a demonstrated record of serving priority workers.CommentsClose CommentsPermalink
(D) Local boards or State boards as such terms are defined in section 101 of the Workforce Investment Act of 1998 (
(E) An economic development agency.CommentsClose CommentsPermalink
(F) A local educational agency.CommentsClose CommentsPermalink
(G) A labor organization or labor-management partnership.CommentsClose CommentsPermalink
(H) An adult education provider.CommentsClose CommentsPermalink
(I) An agency, which may be a public library, that provides occupational training or supportive services.CommentsClose CommentsPermalink
(b) State or Regional Partnership- The partnership described in subsection (a) may be--CommentsClose CommentsPermalink
(1) a State partnership, serving 2 or more labor market areas in the State; orCommentsClose CommentsPermalink
(2) a regional partnership, serving a labor market area.CommentsClose CommentsPermalink
SEC. 125. APPLICATIONS.
To be eligible to receive a grant under section 123, an entity described in section 124 shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may determine to be appropriate, including, at a minimum, a plan for the project to be carried out under the grant, with information describing each of the following:CommentsClose CommentsPermalink
(1) How the partnership will address the objectives of the project, including identifying a fiscal agent and expected outcomes for the partnership.CommentsClose CommentsPermalink
(2) How the partnership will develop or enhance career pathways that result in the attainment of a recognized postsecondary credential and high-quality employment in the service area, including--CommentsClose CommentsPermalink
(A) a description of how the partnership has used labor market information (including projections of job openings, job growth, wages, and skill and certification requirements related to the credential) to ensure the education and occupational training provided through the grant are aligned with employment needs in the service area;CommentsClose CommentsPermalink
(B) a description of how the partnership has incorporated best practices in adult education and occupational training, such as use of cohort models, compressed course schedules, integrated adult basic education, and work readiness training and certificates;CommentsClose CommentsPermalink
(C) information on how the partnership will identify and prepare workers for employment opportunities;CommentsClose CommentsPermalink
(D) an analysis of how the partnership will engage the entities described in section 124(a)(2), to leverage resources and optimize outcomes, including by coordinating existing (as of the date the grant is received) education and occupational training efforts; andCommentsClose CommentsPermalink
(E) a description of how the partnership will conduct data collection, monitoring, reporting, and information sharing to continuously evaluate and improve outcomes for the project.CommentsClose CommentsPermalink
(3) The commitment of members of the partnership, including--CommentsClose CommentsPermalink
(A) each partner’s financial and programmatic commitment to the strategies described in the application;CommentsClose CommentsPermalink
(B) each partner’s capacity, such as capacity to provide staff and facilities, to leverage State and local investments, to coordinate activities with related agencies, and to establish linkages among employment and labor market information data systems, to support the strategies described in the application;CommentsClose CommentsPermalink
(C) each partner’s long-term commitment to the partnership that, at a minimum, accounts for the cost of supporting the project, including providing support after grant funds are no longer available; andCommentsClose CommentsPermalink
(D) each partner’s commitment to ensure sound fiscal management and controls, including evidence of a related system of supports and personnel.CommentsClose CommentsPermalink
(4) How the partnership will make work experiences available to all priority workers, including--CommentsClose CommentsPermalink
(A) the types of paid internships, on-the-job training, or other work experiences the partnership will make available to all priority workers; andCommentsClose CommentsPermalink
(B) how the partnership will provide any developmental education or supportive services necessary to ensure priority workers receive and succeed in work experiences.CommentsClose CommentsPermalink
(5) How the partnership will engage community-based organizations with experience providing education, occupational training, and related supportive services to individuals in the service area, with particular attention to such organizations that have experience supporting priority workers.CommentsClose CommentsPermalink
(6) The Federal and non-Federal sources of funding that the partnership will secure to comply with the matching funds requirement set forth in section 128.CommentsClose CommentsPermalink
(7) In the case of a State partnership, how the partnership will carry out goals described in section 127(b)(1)(B).CommentsClose CommentsPermalink
SEC. 126. PRIORITY AND DISTRIBUTION.
(a) Priority- The Secretaries shall give priority consideration to a partnership that--CommentsClose CommentsPermalink
(1) includes in the partnership involved a labor organization, labor-management partnership, or community-based organization that represents the interests of workers, especially priority workers; orCommentsClose CommentsPermalink
(2) is a partnership serving at least 1 labor market area with 1 of the highest levels of unemployment or poverty, as defined by the Secretaries, in the Nation.CommentsClose CommentsPermalink
(b) Geographic Diversity- In administering the grants awarded under section 123, the Secretaries shall ensure geographic diversity in the distribution of funds to regional and State partnerships.CommentsClose CommentsPermalink
SEC. 127. USE OF FUNDS.
(a) In General- An eligible entity that receives a grant under section 123 shall use the grant funds to implement the plan described in the entity’s application, submitted under section 125.CommentsClose CommentsPermalink
(b) Partnerships-CommentsClose CommentsPermalink
(1) PARTNERSHIPS, CAREER PATHWAYS, AND LEARNING STRATEGIES-CommentsClose CommentsPermalink
(A) IN GENERAL- A partnership that receives a grant under section 123 shall use the grant funds for investments designed to develop or enhance, and provide, through an industry-focused, employer-linked partnership, career pathways and adult learning strategies that connect individuals with existing or emerging employment opportunities.CommentsClose CommentsPermalink
(B) ADDITIONAL USES- In addition, a partnership described in section 124(b)(1) shall use the grant funds to support the activities described in subparagraph (A) by--CommentsClose CommentsPermalink
(i) supporting programs of tuition assistance, using funding resources, and through other evidence-based strategies, except that such support shall not supplant other Federal funds for such tuition assistance;CommentsClose CommentsPermalink
(ii) providing incentives and technical support to employers who, through participation in industry-focused, employer-linked partnerships, or through provision of career pathways or adult learning strategies, retain and promote incumbent workers, employ new workers, or upgrade jobs for program participants; andCommentsClose CommentsPermalink
(iii) for State partnerships, enhancing linkages among employment and labor market information data systems in the State.CommentsClose CommentsPermalink
(2) SERVICES FOR PRIORITY WORKERS- The partnership shall use at least 50 percent of the grant funds to support the pathways and strategies and provide supportive services for priority workers.CommentsClose CommentsPermalink
(3) CONDITIONS OF EDUCATION AND OCCUPATIONAL TRAINING-CommentsClose CommentsPermalink
(A) TRAINING LEADING TO JOBS- All education and occupational training provided through the project shall lead to high-quality employment provided by, at a minimum, the employers represented in the partnership, and also including other employers of all sizes in the service area.CommentsClose CommentsPermalink
(B) INTERNSHIPS- Paid internship positions provided through the project shall be primarily occupational training positions, and the internships may not permit interns to spend a significant amount of time doing work for which an employee would otherwise be compensated.CommentsClose CommentsPermalink
(C) ON-THE-JOB TRAINING- On-the-job training placements--CommentsClose CommentsPermalink
(i) provided through the project shall pay wages comparable to the wages provided for similar positions in the sector involved for the service area; andCommentsClose CommentsPermalink
(ii) may be placements in new or vacant positions, but a participant in such a placement shall not displace any currently employed employee, consistent with section 181(b) of the Workforce Investment Act of 1998 (
SEC. 128. MATCHING REQUIREMENT.
(a) Requirement- The Secretaries shall require that each eligible entity receiving a grant under section 123 contribute, toward the cost of the project for which the grant was awarded, matching funds in an amount equal to not less than 50 percent of the amount of the grant. The eligible entity may contribute such matching funds from non-Federal sources or Federal sources (other than this subtitle), in cash or in-kind, fairly evaluated (including plant, equipment, or services).CommentsClose CommentsPermalink
(b) Waiver or Reduction- The Secretary may waive or reduce the matching requirement described in subsection (a) for an eligible entity if the eligible entity demonstrates a need due to significant financial hardship.CommentsClose CommentsPermalink
SEC. 129. FUNDING.
There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, $5,000,000,000 for each of fiscal years 2013 through 2022 to carry out this subtitle.CommentsClose CommentsPermalink
Subtitle D--Supporting Great TeachersCommentsClose CommentsPermalink
Subtitle D--Supporting Great TeachersCommentsClose CommentsPermalink
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ‘College and Career Ready Classrooms Act’.CommentsClose CommentsPermalink
SEC. 132. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) According to the Department of Labor, almost 90 percent of new jobs in occupations with both high growth and high wages require at least some postsecondary training. The majority of new jobs that offer a wage sufficient to support a family and provide opportunity for career advancement require some postsecondary education. Moreover, research shows that the skill level required to enter college or a work-training program is the same.CommentsClose CommentsPermalink
(2) Implementing college- and career-ready State standards is a complex undertaking, requiring that teachers utilize a wide array of knowledge and skills.CommentsClose CommentsPermalink
(3) Peer learning among small groups of teachers is one of the most powerful predictors of improved student academic achievement. Students achieve more in mathematics and reading when they attend schools characterized by high levels of teacher collaboration for school improvement.CommentsClose CommentsPermalink
(4) Other nations that outperform the United States on international assessments invest more heavily in professional development for teachers and build time for ongoing, sustained collaboration and professional development into the school day and year. Teachers in the United States spend about 80 percent of their working time engaged in classroom instruction compared to teachers in other countries where 60 percent of their time is spent in classroom instruction.CommentsClose CommentsPermalink
SEC. 133. PURPOSES.
The purposes of this subtitle are to--CommentsClose CommentsPermalink
(1) support the successful implementation of college- and career-ready State academic standards; andCommentsClose CommentsPermalink
(2) strengthen the capacity of States and local educational agencies to provide professional development that increases the effectiveness of all teachers in the instruction of college- and career-ready State standards and the development and use of curriculum and assessments that are aligned with college- and career-ready State standards.CommentsClose CommentsPermalink
SEC. 134. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) ESEA DEFINITIONS- Unless otherwise specified, the terms used in this subtitle have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (
(2) COLLEGE- AND CAREER-READY PROFESSIONAL DEVELOPMENT LEADERSHIP TEAM- The term ‘college- and career-ready professional development leadership team’ means a group of educators, teacher association representatives, leaders, and specialists convened by an eligible entity pursuant to section 136(b)(1)(C).CommentsClose CommentsPermalink
(3) COLLEGE- AND CAREER-READY STAFF NETWORK- The term ‘college- and career-ready staff network’ means a group of specialists, convened by a local entity, including school-based teachers and leaders, teacher association representatives, and specialists in relevant content areas, in teaching English learners, and in teaching children with disabilities, who are serving as mentors, coaches, or facilitators and who are responsible for--CommentsClose CommentsPermalink
(A) establishing professional development goals;CommentsClose CommentsPermalink
(B) aligning the instructional work for individual schools;CommentsClose CommentsPermalink
(C) supporting the implementation of inquiry-based models of professional development;CommentsClose CommentsPermalink
(D) identifying and sharing best practices;CommentsClose CommentsPermalink
(E) coordinating with the college- and career-ready professional development leadership team; andCommentsClose CommentsPermalink
(F) building and sustaining professional development capacity within the local entity.CommentsClose CommentsPermalink
(4) ELIGIBLE ENTITY- The term ‘eligible entity’ means a State educational agency or a consortium of State educational agencies that has adopted standards in mathematics and English language arts that are aligned with college and career readiness, as demonstrated to the Secretary.CommentsClose CommentsPermalink
(5) LOCAL ENTITY- The term ‘local entity’ means a local educational agency or a consortium of local educational agencies.CommentsClose CommentsPermalink
SEC. 135. GRANTS AUTHORIZED.
(a) In General- The Secretary is authorized to award grants on a competitive basis to eligible entities for the development, implementation, and monitoring of comprehensive, statewide professional development that--CommentsClose CommentsPermalink
(1) is aligned with local professional development efforts; andCommentsClose CommentsPermalink
(2) increases the effectiveness of all teachers in the--CommentsClose CommentsPermalink
(A) instruction of college- and career-ready State standards; andCommentsClose CommentsPermalink
(B) development and use of curriculum and assessments and other instructional supports that are aligned with college- and career-ready State standards.CommentsClose CommentsPermalink
(b) Duration- Each grant awarded under subsection (a)--CommentsClose CommentsPermalink
(1) shall be for a minimum of a 3-year period and a maximum of a 5-year period; andCommentsClose CommentsPermalink
(2) may be renewed based on performance, as determined by the Secretary.CommentsClose CommentsPermalink
(c) Grant Amount- The Secretary shall ensure that grants are of sufficient size and scope to enable grantees to carry out grant activities.CommentsClose CommentsPermalink
(d) Geographic Distribution- The Secretary shall ensure that grantees represent different geographic regions of the United States, including urban and rural areas.CommentsClose CommentsPermalink
(e) Reservation of Funds- From the amount made available under section 142 for a fiscal year, the Secretary shall reserve not more than 5 percent for the evaluation of activities implemented pursuant to grants awarded under subsection (a) and the dissemination of information on effective professional development activities, curriculum, assessments, and other instructional supports developed with such grant funds.CommentsClose CommentsPermalink
SEC. 136. APPLICATION.
(a) In General- An eligible entity that desires to receive a grant under section 135 shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.CommentsClose CommentsPermalink
(b) Contents-CommentsClose CommentsPermalink
(1) IN GENERAL- Each application submitted under subsection (a) shall include a comprehensive strategy for implementing professional development aligned to college- and career-ready State standards and related instructional supports that shall include--CommentsClose CommentsPermalink
(A) a description of how the professional development will increase teacher, principal, and other school leader knowledge and understanding of college- and career-ready State standards that is differentiated, including by grade level and subject area, specific to the teacher;CommentsClose CommentsPermalink
(B) a description of how the professional development will increase teacher expertise beyond basic content knowledge for subject-area teachers;CommentsClose CommentsPermalink
(C) the creation of a college- and career-ready professional development leadership team responsible for establishing statewide goals, providing model frameworks to local college- and career-ready staff networks, leaders, or specialists, for meeting statewide goals, identifying and sharing best practices around the implementation of college- and career-ready State standards, curriculum alignment, and assessments, and supporting local comprehensive college- and career-ready professional development strategy activities;CommentsClose CommentsPermalink
(D) dissemination to local college- and career-ready staff networks in an easily accessible format that may include the use of technology, such as a web-based statewide instructional performance support system, exemplary professional development activities, opportunities to participate in professional learning networks, technical assistance, and other professional development resources designed to support the successful implementation of college- and career-ready State standards;CommentsClose CommentsPermalink
(E) a description of how the professional development will be developed in collaboration with nonprofit organizations, which may include institutions of higher education, with a demonstrated record of expertise, and other education stakeholders; andCommentsClose CommentsPermalink
(F) a description of how the professional development will be based on an analysis of data and evidence that indicates the needs of leaders, teachers, and students.CommentsClose CommentsPermalink
(2) DEVELOPMENT OF STRATEGY- The comprehensive strategy described in paragraph (1) shall be developed in collaboration with the representative organizations for teachers in the State.CommentsClose CommentsPermalink
SEC. 137. STATE USE OF GRANT FUNDS.
An eligible entity that receives a grant under section 135 shall carry out the following:CommentsClose CommentsPermalink
(1) PROFESSIONAL DEVELOPMENT IMPLEMENTATION ACTIVITIES-CommentsClose CommentsPermalink
(A) IMPACT ON TEACHING PRACTICE AND STUDENT ACHIEVEMENT-CommentsClose CommentsPermalink
(i) IN GENERAL- The eligible entity shall reserve not less than 2 percent of the grant funds--CommentsClose CommentsPermalink
(I) to conduct an evaluation by a knowledgeable, skilled, and impartial evaluator of the impact of the comprehensive college- and career-ready professional development strategy on teaching practice and student achievement; andCommentsClose CommentsPermalink
(II) to inform continuous improvement of professional development activities and, if applicable, redirecting professional development resources towards those activities that are most beneficial to teachers and students.CommentsClose CommentsPermalink
(ii) CONDUCT OF EVALUATION AND INFORMING IMPROVEMENT- The activities described in subclauses (I) and (II) of clause (i) shall be conducted by an entity other than the State educational agency.CommentsClose CommentsPermalink
(B) STRATEGY ACTIVITIES-CommentsClose CommentsPermalink
(i) IN GENERAL- Except as provided in clause (ii), the eligible entity shall reserve not more than 13 percent of the grant funds to carry out the comprehensive college- and career-ready professional development activities described under section 136.CommentsClose CommentsPermalink
(ii) EXCEPTION FOR SMALL OR RURAL STATES- The Secretary may allow a small or rural State, upon application by such State, to reserve more than 13 percent of the grant funds to carry out the comprehensive college- and career-ready professional development activities described under section 136, and activities described under section 138(c)(4) as the activities apply to the State, if the State demonstrates to the Secretary that it would be more efficient and effective for the State to carry out such activities rather than local entities.CommentsClose CommentsPermalink
(C) IMPLEMENTATION ACTIVITIES- From the amount reserved under subparagraph (B), the eligible entity may implement activities described under section 138(c)(4) as the activities apply to the State educational agency.CommentsClose CommentsPermalink
(2) SUBGRANTS- The eligible entity shall reserve not less than 85 percent of the grant funds to award subgrants to local entities under section 138.CommentsClose CommentsPermalink
SEC. 138. SUBGRANTS TO LOCAL ENTITIES.
(a) Authorization-CommentsClose CommentsPermalink
(1) IN GENERAL- An eligible entity that receives a grant under section 135 shall award subgrants, on a competitive basis, to local entities.CommentsClose CommentsPermalink
(2) APPLICATION- A local entity that desires to receive a subgrant under this section shall submit an application to the eligible entity at such time, in such manner, and containing such information as the eligible entity may reasonably require.CommentsClose CommentsPermalink
(3) CONTENTS OF APPLICATION-CommentsClose CommentsPermalink
(A) LOCAL COMPREHENSIVE COLLEGE- AND CAREER-READY PROFESSIONAL DEVELOPMENT IMPLEMENTATION- Each application submitted under paragraph (2) shall include a comprehensive strategy for implementing professional development aligned to college- and career-ready State standards and related instructional supports at the local level (referred to in this subtitle as the ‘local strategy’) that will improve teacher practice and increase student learning. Such local strategy shall include--CommentsClose CommentsPermalink
(i) a description of how the local strategy was developed in consultation with the exclusive representative organization for teachers in the school district or, where there is no exclusive representative, teachers who shall be selected by teachers in the school district pursuant to a fair and democratic election process open to all teachers in the school district, principals, and other school leaders, and teacher-educators;CommentsClose CommentsPermalink
(ii) the clear learning goals to be achieved under the local strategy based on student, teacher, and leader learning needs and how they are aligned with the State goals established in the comprehensive college- and career-ready professional development strategy described under section 136;CommentsClose CommentsPermalink
(iii) a description of the tools that will be developed under the local strategy to enable teachers to easily access college- and career-ready professional development materials and related resources, including model lesson plans and assessments, and other professional development materials relevant to teacher practice;CommentsClose CommentsPermalink
(iv) a description of how the professional development provided with funds under this section will--CommentsClose CommentsPermalink
(I) be delivered in a format that is job-embedded, ongoing, sustained, and collaborative;CommentsClose CommentsPermalink
(II) foster individual and collective responsibility for improving teacher effectiveness and student academic achievement and provide ongoing opportunities for teachers to assess the impact of teaching strategies on student learning and reflect on practice; andCommentsClose CommentsPermalink
(III) support the use of technology to personalize instruction and use technology for professional development, consistent with subsection (c)(3);CommentsClose CommentsPermalink
(v) a description of how the professional development provided with funds under this section will strengthen the ability of teachers to analyze student data, including through the use of a statewide longitudinal data system, if available, to adjust teaching strategies in a timely and effective manner and improve practice; andCommentsClose CommentsPermalink
(vi) a description of how external partners, including content area experts, nonprofit organizations (including institutions of higher education), and teacher preparation programs, will be included in the implementation of the local strategy.CommentsClose CommentsPermalink
(B) ASSURANCE- Each application submitted under paragraph (2) shall include an assurance that--CommentsClose CommentsPermalink
(i) a minimum of 50 hours of relevant and high-quality professional development per school year will be provided to each teacher responsible for implementing, or assisting in the implementation of, college- and career-ready State standards, including opportunities for ongoing, job-embedded collaboration and participation in peer observations; andCommentsClose CommentsPermalink
(ii) participating local educational agencies and schools, in collaboration with the exclusive representative organization for teachers in the school district or, where there is no exclusive representative, teachers who shall be selected by teachers in the school district pursuant to a fair and democratic election process open to all teachers in the school district, will negotiate or agree to restructure or extend the length of the school day, week, or year, to accommodate additional professional development hours in a manner that meets the requirements of this subtitle over the course of the school-year.CommentsClose CommentsPermalink
(b) Priority- In awarding subgrants under this section, an eligible entity shall give priority to local entities--CommentsClose CommentsPermalink
(1) that serves not fewer than 10,000 children as described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (
(2) for which not less than 20 percent of the children served by the local entity are children as described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (
(3) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 6211(b) of the Elementary and Secondary Education Act of 1965 (
(4) that meets the eligibility requirements for funding under the Rural and Low-Income School Program under section 6221(b) of the Elementary and Secondary Education Act of 1965 (
(c) Local Use of Funds- A local entity awarded a subgrant under this section shall use the subgrant funds to implement, in consultation with teachers or other representative organizations selected or identified to represent the teachers, a local strategy, which shall include--CommentsClose CommentsPermalink
(1) assisting local educational agencies in implementing college- and career-ready standards, specifically in the areas of increasing content area expertise, curriculum development and alignment, and assessment practices;CommentsClose CommentsPermalink
(2) creating and supporting a college- and career-ready staff network;CommentsClose CommentsPermalink
(3) providing, to the extent practicable, a hybrid model for professional learning that combines technology-based and in-person professional learning experiences and support, such as the use of a web-based local, regional, or statewide instructional performance support system that includes exemplary professional development activities, opportunities to participate in professional learning networks, training programs, technical assistance, and other professional development resources designed to support the successful implementation of college- and career-ready standards;CommentsClose CommentsPermalink
(4) providing frequent and sustained opportunities for teachers to develop, implement, and assess--CommentsClose CommentsPermalink
(A) strategies for aligning the curriculum with college- and career-ready standards, including lesson planning and instructional strategies that reflect the rigor of the standards;CommentsClose CommentsPermalink
(B) instructional strategies, such as interdisciplinary or project-based learning approaches, that enhance students’ ability to think critically, problem-solve, complete complex tasks, conduct research and inquiry, communicate and demonstrate skills, and think independently;CommentsClose CommentsPermalink
(C) instructional strategies and assessments that meet the needs of English learners and children with disabilities; andCommentsClose CommentsPermalink
(D) formative students assessments and other student assessments that measure student mastery of the relevant college- and career-ready State standards;CommentsClose CommentsPermalink
(5) providing in-service activities for school principals and other school administrators that support instructional leadership around the implementation of college- and career-ready standards;CommentsClose CommentsPermalink
(6) changing the structure and length of the school day, week, or year, to allow for additional time for teacher collaboration, planning, and observation;CommentsClose CommentsPermalink
(7) coordinating or sharing information with pre-service teacher preparation programs to support the successful implementation of college- and career-ready State standards; andCommentsClose CommentsPermalink
(8) developing tools to assist teachers in evaluating student work.CommentsClose CommentsPermalink
(d) Evaluation-CommentsClose CommentsPermalink
(1) IN GENERAL- Each local entity that receives a subgrant under this section shall reserve not less than 5 percent of the subgrant funds to--CommentsClose CommentsPermalink
(A) conduct an evaluation of the impact of the local strategy on teaching practice and student growth and learning; andCommentsClose CommentsPermalink
(B) inform continuous improvement of professional development activities.CommentsClose CommentsPermalink
(2) CONDUCT OF EVALUATION AND INFORMING IMPROVEMENT- The activities described in subparagraphs (A) and (B) of paragraph (1) shall be conducted by an entity other than the local entity.CommentsClose CommentsPermalink
SEC. 139. REPORTING.
(a) State Reporting- Each eligible entity that receives a grant under section 135 shall annually, for each year of the grant, submit to the Secretary and make available to the public a report that shall include--CommentsClose CommentsPermalink
(1) information on the number of local educational agencies, schools, and teachers that received professional development supported with grant funds under section 135;CommentsClose CommentsPermalink
(2) the professional development activities funded under this subtitle; andCommentsClose CommentsPermalink
(3) a description of the impact of the comprehensive college- and career-ready professional development strategy, including results from the evaluation conducted under section 137(1)(A)(i)(I).CommentsClose CommentsPermalink
(b) Report to Congress- The Secretary shall annually submit to Congress and make available to the public a summary of the eligible entity reports required under subsection (a).CommentsClose CommentsPermalink
(c) Local Reporting- Each local entity that receives a subgrant under section 138 shall annually, for each year of the subgrant, submit to the eligible entity and make available to the public a report that shall include--CommentsClose CommentsPermalink
(1) information on the number of local educational agencies, schools, and teachers that received professional development supported with subgrant funds under section 138;CommentsClose CommentsPermalink
(2) the professional development activities funded under section 138; andCommentsClose CommentsPermalink
(3) a description of the impact of the local strategy, including results from the evaluation conducted under section 138(d).CommentsClose CommentsPermalink
SEC. 140. TEACHER PRIVACY.
No State or local educational agency shall be required to publicly report information in compliance with this subtitle in a case in which the results would reveal personally identifiable information about an individual teacher.CommentsClose CommentsPermalink
SEC. 141. RULE OF CONSTRUCTION.
Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.CommentsClose CommentsPermalink
SEC. 142. FUNDING.
There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, $2,000,000,000 for each of the fiscal years 2013 through 2017, to carry out this subtitle.CommentsClose CommentsPermalink
Subtitle E--Creating Middle Class JobsCommentsClose CommentsPermalink
Subtitle E--Creating Middle Class JobsCommentsClose CommentsPermalink
PART I--TEACHER STABILIZATION
SEC. 151. PURPOSE.
The purpose of this part is to provide funds to States to prevent teacher layoffs in public schools and support the creation of additional jobs in public early childhood education and care programs and public elementary and secondary education in the 2012-2013, 2013-2014, and 2014-2015 school years.CommentsClose CommentsPermalink
SEC. 152. DEFINITIONS.
(1) ESEA DEFINITIONS- Except as otherwise provided, the terms ‘local educational agency’, ‘outlying area’, ‘Secretary’, and ‘State educational agency’ have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (
(2) EARLY CHILDHOOD EDUCATOR- The term ‘early childhood educator’ means an individual who--CommentsClose CommentsPermalink
(A) works directly with children in a State or local funded early childhood education and care program in a low-income community; andCommentsClose CommentsPermalink
(B) in the course of such employment, is involved directly in the care, development, and education of infants, toddlers, or children ages 5 and under.CommentsClose CommentsPermalink
(3) STATE- The term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink
(4) STATE FUNDED EARLY CHILDHOOD PROGRAM- The term ‘State funded early childhood program’ means a program that provides educational services to children from ages birth through kindergarten entry and receives funding from a State.CommentsClose CommentsPermalink
(5) STATE OR LOCAL FUNDED EARLY CHILDHOOD PROGRAM- The term ‘State or local funded early childhood program’ means a program that provides educational services to children from ages birth through kindergarten entry and receives funding from a State or local government.CommentsClose CommentsPermalink
SEC. 153. RESERVATIONS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTERIOR.
From the amount appropriated to carry out this part under section 159 for each fiscal year, the Secretary--CommentsClose CommentsPermalink
(1) shall reserve 0.5 percent to provide assistance to the outlying areas on the basis of their respective needs, as determined by the Secretary, for activities consistent with this part and under such terms and conditions as the Secretary may determine; andCommentsClose CommentsPermalink
(2) shall reserve 0.5 percent to provide assistance to the Secretary of the Interior to carry out activities consistent with this part in schools operated or funded by the Bureau of Indian Education.CommentsClose CommentsPermalink
SEC. 154. STATE ALLOTMENTS.
(a) In General- From the amounts appropriated to carry out this part for a fiscal year that remain after the reservations under section 153, the Secretary shall allot to each State--CommentsClose CommentsPermalink
(1) an amount that bears the same relation to 60 percent of such remaining funds as the State’s population of individuals aged 5 through 17 bears to the total population of individuals aged 5 through 17 in all States; andCommentsClose CommentsPermalink
(2) an amount that bears the same relation to 40 percent on such remaining funds as the State’s population bears to the total population of all States.CommentsClose CommentsPermalink
(b) Awards to States- In order for a State to receive an allotment under subsection (a), the Governor of the State shall submit an approvable application under section 155(a).CommentsClose CommentsPermalink
(c) Reallotment- If a State does not apply for funding under this part or only uses a portion of its allotment, the Secretary shall reallot the State’s entire allotment or the remaining portion of its allotment, as the case may be, to the remaining States in accordance with subsection (a).CommentsClose CommentsPermalink
SEC. 155. STATE APPLICATION, RESERVATION, AND RESPONSIBILITIES.
(a) Application- The Governor of a State desiring to receive a grant under this part shall submit an application to the Secretary not later than 30 days after the date of enactment of this Act, in such manner, and containing such information as the Secretary may reasonably require to determine the State’s compliance with applicable provisions of law.CommentsClose CommentsPermalink
(b) State Reservations, Allocations, and Responsibilities-CommentsClose CommentsPermalink
(1) RESERVATION- Each State receiving an allotment under this part may reserve, for each fiscal year--CommentsClose CommentsPermalink
(A) not more than 2 percent of the grant funds for the administrative costs of carrying out the State’s responsibilities under this part; andCommentsClose CommentsPermalink
(B) not more than 10 percent of the grant funds to award subgrants to State funded early childhood care and education programs to enable the programs to carry out the activities described in section 156(b).CommentsClose CommentsPermalink
(2) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES- From amounts remaining after reserving funds under paragraph (1), each State receiving an allotment under this part for a fiscal year shall use such remaining funds only for awarding subgrants to local educational agencies in the State for the support of high-quality early childhood education and care programs and elementary and secondary education by allocating to each local educational agency--CommentsClose CommentsPermalink
(A) an amount that bears the same relation to 35 percent of such remaining funds as the number of students enrolled in the schools served by the local educational agency bears to the number of students enrolled in the schools served by all local educational agencies in the State; andCommentsClose CommentsPermalink
(B) an amount that bears the same relation to 65 percent of such remaining funds as the number of individuals age 5 through 17 from families below the poverty line in the geographic area served by the local educational agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the total number of those individuals in the geographic area served by all local educational agencies in the State, as so determined.CommentsClose CommentsPermalink
(3) TIMING- Each State receiving an allotment under this part for a fiscal year shall make the subgrants described in paragraphs (1)(B) and (2) available to the subgrantees not later than 100 days after receiving the allotment from the Secretary.CommentsClose CommentsPermalink
(4) PROHIBITIONS- A State shall not use funds received under this part to directly or indirectly--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
SEC. 156. SUBGRANTS.
(a) Local Educational Agency Responsibilities- Each local educational agency that receives a subgrant under this part shall--CommentsClose CommentsPermalink
(1) use the subgrant funds only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, recall or rehire former employees, or hire new employees to provide high-quality early childhood education and care, elementary or secondary education, or related services;CommentsClose CommentsPermalink
(2) obligate such funds not later than September 30 of the fiscal year for which the funds are received; andCommentsClose CommentsPermalink
(3) not use such funds for general administrative expenses or for other support services or expenditures, as those terms are defined by the National Center for Education Statistics in the Common Core of Data as of the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Early Childhood Education and Care Program Responsibilities- Each State or local funded early childhood education and care program that receives a subgrant under this part shall--CommentsClose CommentsPermalink
(1) use the subgrant funds only for compensation, benefits, and other expenses, such as support services, necessary to retain early childhood educators, recall or rehire former early childhood educators, or hire new early childhood educators to provide high-quality early childhood education and care services; andCommentsClose CommentsPermalink
(2) obligate such funds not later than September 30 of the fiscal year for which the funds are received.CommentsClose CommentsPermalink
SEC. 157. MAINTENANCE OF EFFORT.
(a) In General- The Secretary shall not award an allotment to a State under this part unless the State provides an assurance to the Secretary that, for each fiscal year of the grant, the State will maintain State support for early childhood education and care, elementary, and secondary education programs and services (in the aggregate or on the basis of expenditure per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the 2 categories for the State fiscal year preceding the year for which the determination is being made.CommentsClose CommentsPermalink
(b) Supplement Not Supplant- A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs assisted under this part, and not to supplant such funds.CommentsClose CommentsPermalink
(c) Waiver- The Secretary may 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 State.CommentsClose CommentsPermalink
SEC. 158. REPORTING.
Each State that receives an allotment under this part shall submit, on an annual basis, a report to the Secretary that contains--CommentsClose CommentsPermalink
(1) a description of how funds received under this part were expended or obligated; andCommentsClose CommentsPermalink
(2) an estimate of the number of jobs supported by the State using funds received under this part.CommentsClose CommentsPermalink
SEC. 159. FUNDING.
(a) In General- There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, the following amounts to carry out this part:CommentsClose CommentsPermalink
(1) For fiscal year 2013, $30,000,000,000.CommentsClose CommentsPermalink
(2) For fiscal year 2014, $20,000,000,000.CommentsClose CommentsPermalink
(3) For fiscal year 2015, $10,000,000,000.CommentsClose CommentsPermalink
(b) Availability of Funds- Funds made available under subsection (a) shall remain available to the Secretary until September 30, 2015.CommentsClose CommentsPermalink
PART II--FIRST RESPONDER STABILIZATION
SEC. 161. PURPOSE.
The purpose of this part is to provide funds to States and localities to prevent layoffs of, and support the creation of additional jobs for, law enforcement officers and other first responders.CommentsClose CommentsPermalink
SEC. 162. CAREER LAW ENFORCEMENT OFFICERS GRANT PROGRAM.
(a) In General- The Attorney General shall make competitive grants under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(b) Applicability of Grant Requirements- Grants awarded under subsection (a) shall not be subject to--CommentsClose CommentsPermalink
(1) subsection (g) or (i) of section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(2) section 1704 of such Act (
(c) Funding-CommentsClose CommentsPermalink
(1) IN GENERAL- There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, the following amounts to the Community Oriented Policing Stabilization Fund to enable the Attorney General to carry out the competitive grant program under this section:CommentsClose CommentsPermalink
(A) $4,000,000,000 for fiscal year 2013,CommentsClose CommentsPermalink
(B) $2,400,000,000 for fiscal year 2014.CommentsClose CommentsPermalink
(C) $800,000,000 for fiscal year 2015.CommentsClose CommentsPermalink
(2) LIMITATION- Of the amounts made available pursuant to paragraph (1), not to exceed $8,000,000 shall be for administrative costs of the Attorney General.CommentsClose CommentsPermalink
SEC. 163. FIRST RESPONDER GRANT PROGRAM.
(a) In General- There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, the following amounts to the Secretary of Homeland Security to award grants under section 34 of the Federal Fire Prevention and Control Act of 1974 (
(1) $1,000,000,000 for fiscal year 2013.CommentsClose CommentsPermalink
(2) $600,000,000 for fiscal year 2014.CommentsClose CommentsPermalink
(3) $200,000,000 for fiscal year 2015.CommentsClose CommentsPermalink
(b) Limitation- Of the amounts made available pursuant to subsection (a), not to exceed $2,000,000 shall be for administrative costs of the Secretary of Homeland Security.CommentsClose CommentsPermalink
(c) Waivers- In making grants with amounts made available under subsection (a), the Secretary may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)(A) of section 34 of the Federal Fire Prevention and Control Act of 1974.CommentsClose CommentsPermalink
PART III--MAINTAINING CRITICAL COMMUNITY SERVICES
SEC. 171. DEFINITIONS.
In this part:CommentsClose CommentsPermalink
(1) BENEFITS- The term ‘benefits’ has the meaning given the term ‘employment benefits’ in section 101 of the Family and Medical Leave Act of 1993 (
(2) EMPLOYEE COMPENSATION- The term ‘employee compensation’ includes wages and benefits.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of Labor.CommentsClose CommentsPermalink
(4) STATE- The term ‘State’ means any State of the United States and the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink
(5) UNIT OF GENERAL LOCAL GOVERNMENT- The term ‘unit of general local government’ means--CommentsClose CommentsPermalink
(A) any city, county, town, township, parish, village, or other general purpose political subdivision of a State;CommentsClose CommentsPermalink
(B) Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa, or a general purpose political subdivision thereof;CommentsClose CommentsPermalink
(C) a combination of such political subdivisions that is recognized by the Secretary; orCommentsClose CommentsPermalink
(D) the District of Columbia.CommentsClose CommentsPermalink
(6) WAGE- The term ‘wage’ has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (
SEC. 172. MAINTAINING CRITICAL COMMUNITY SERVICES.
(a) Program Authorized- From the amount made available for this part under section 178 and not reserved under subsection (b), the Secretary of Labor, acting through the Employment and Training Administration and in consultation with the Secretary of Housing and Urban Development, shall award grants, on a competitive basis in accordance with section 174, to units of general local government to save and create local jobs through the retention, restoration, or expansion of critical services needed by local communities.CommentsClose CommentsPermalink
(b) Reservations by the Secretary- Of the amount made available for this part under section 178 for each fiscal year, the Secretary may reserve not more than 1 percent to administer this part.CommentsClose CommentsPermalink
SEC. 173. APPLICATION.
(a) Application- In order to receive funds under this part for a fiscal year, a unit of general local government shall submit to the Secretary, at such time and in such manner as determined by the Secretary, an application that includes the information described in subsection (b) for such fiscal year.CommentsClose CommentsPermalink
(b) Contents- An application submitted under subsection (a) shall include the following information:CommentsClose CommentsPermalink
(1) A certification by the unit of general local government of--CommentsClose CommentsPermalink
(A) the amount of funds requested by the unit of general local government;CommentsClose CommentsPermalink
(B) the number of individuals who will receive employee compensation with such funds; andCommentsClose CommentsPermalink
(C) whether the positions supported with funds under this part will assist in retaining, restoring, or expanding an existing local public service.CommentsClose CommentsPermalink
(2) A statement documenting the need for the critical services to be carried out by the individuals hired for the positions.CommentsClose CommentsPermalink
(3) In the case of a unit of general local government that desires to use funds received under this part to continue to provide employee compensation for existing employees of the unit, a statement documenting the fiscal constraints of the unit that would result in the termination or reduction of the positions of such employees.CommentsClose CommentsPermalink
(4) An assurance by the unit of general local government that the unit will comply with all provisions of this part and with all applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational safety and health, and nondiscrimination.CommentsClose CommentsPermalink
(5) Such additional information as the Secretary determines necessary, including information regarding the criteria described in section 174(a).CommentsClose CommentsPermalink
SEC. 174. AWARD BASIS.
(a) Criteria- Subject to subsection (b), the Secretary shall award grants under this part by taking into consideration--CommentsClose CommentsPermalink
(1) the unemployment rate in the local community served by the unit of general local government;CommentsClose CommentsPermalink
(2) the poverty rate in such local community;CommentsClose CommentsPermalink
(3) the population of such local community;CommentsClose CommentsPermalink
(4) excess unemployment in such local community; andCommentsClose CommentsPermalink
(5) other factors as the Secretary determines necessary.CommentsClose CommentsPermalink
(b) Maximum Amount-CommentsClose CommentsPermalink
(1) IN GENERAL- In no case shall the ratio of the amount of grant funds awarded under this part to all units of general local government in the State, as compared to the total amount of grant funds available under this part, be greater than the ratio of the State’s population, as compared to the total population of all States and all areas described in paragraph (2).CommentsClose CommentsPermalink
(2) APPLICATION TO TERRITORIES AND THE DISTRICT OF COLUMBIA- For the areas of Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the District of Columbia, in no case shall the ratio of the amount of grant funds awarded to any such area, as compared to the total amount of grant funds available under this part, be greater than the ratio of the population of such area as compared to the total population of all States and all such areas.CommentsClose CommentsPermalink
(c) Timing- For each fiscal year, the Secretary shall award the grants under this part by not later than 30 days after the end of the application period.CommentsClose CommentsPermalink
SEC. 175. USES OF FUNDS.
(a) In General- A unit of general local government that receives a grant under this part--CommentsClose CommentsPermalink
(1) shall use the funds to provide employee compensation to retain or hire individuals to continue, restore, or expand public services; andCommentsClose CommentsPermalink
(2) may not use more than 5 percent for administrative purposes under the grant.CommentsClose CommentsPermalink
(b) Nondisplacement- A 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 of general local government; 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 or organization, to be restored to the position the employee had immediately prior to being laid off or partially displaced.CommentsClose CommentsPermalink
SEC. 176. EMPLOYEE STATUS, COMPLIANCE WITH LOCAL LAWS, AND CONTRACTS.
(a) Employee Status- An individual hired for a position funded under this part shall be considered an employee of the unit of general local government by which such individual was hired and 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 part.CommentsClose CommentsPermalink
(b) Compliance With Local Laws and Contracts- In hiring individuals for positions funded under this part, or using funds under this part to continue to provide employee compensation for existing employees, a 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 was hired, or such employee compensation was provided, without assistance under this part.CommentsClose CommentsPermalink
SEC. 177. SUPPLEMENT, NOT SUPPLANT.
Funds made available under this part shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this part.CommentsClose CommentsPermalink
SEC. 178. FUNDING PROVIDED.
There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, the following amounts to enable the Secretary of Labor to carry out the purposes of this part:CommentsClose CommentsPermalink
(1) $5,000,000,000 for fiscal year 2013.CommentsClose CommentsPermalink
(2) $5,000,000,000 for fiscal year 2014.CommentsClose CommentsPermalink
TITLE II--CREATING FINANCIAL STABILITY AND A BETTER FUTURE FOR MIDDLE CLASS FAMILIESCommentsClose CommentsPermalink
TITLE II--CREATING FINANCIAL STABILITY AND A BETTER FUTURE FOR MIDDLE CLASS FAMILIESCommentsClose CommentsPermalink
Subtitle A--Alleviating the High Cost of Child CareCommentsClose CommentsPermalink
Subtitle A--Alleviating the High Cost of Child CareCommentsClose CommentsPermalink
SEC. 201. CCDBG PLUS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ELIGIBLE CHILD- The term ‘eligible child’ means a child who has not attained the age of 13 and whose family income is equal to or less than the State median income for a family of the same size.CommentsClose CommentsPermalink
(2) LOW-INCOME- The term ‘low-income’, when used in reference to an individual, means an individual with a family income that is less than or equal to 200 percent of the poverty line, as defined in section 673 of the Community Services Block Grant Act (
(3) SECRETARY- The term ‘Secretary’ means the Secretary of Health and Human Services.CommentsClose CommentsPermalink
(4) STATE- The term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink
(b) Program Authorized-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Health and Human Services is authorized to award grants, in allotments described in subsection (c)(2), to States to enable the States to increase the availability of high-quality early childhood care and education programs to enable more people of the United States to enter into and advance within the middle class.CommentsClose CommentsPermalink
(2) DURATION OF GRANT- A grant awarded under this section shall be for a period of not more than 5 years.CommentsClose CommentsPermalink
(3) CONTINGENT FUNDING- After the third year of the grant period of a grant under this section, funding for each additional year of the grant period shall be contingent on the State’s progress toward meeting the performance indicators and benchmarks established under subsection (g).CommentsClose CommentsPermalink
(4) ELIGIBILITY- In order to receive an allotment under this section, a State shall establish or certify, to the satisfaction of the Secretary, that the State’s payments for the grant or contracts to provide early childhood care and education programs under subsection (f)(1) are sufficient to ensure that programs and providers that serve eligible children from birth through age 5 can meet the standards established under subsection (f)(2).CommentsClose CommentsPermalink
(c) Amounts Reserved; Allotments-CommentsClose CommentsPermalink
(1) RESERVATIONS- From the amounts appropriated to carry out this section, the Secretary shall reserve--CommentsClose CommentsPermalink
(A) 2 percent of such amounts to make grants or enter into contracts with Indian tribes or tribal organizations (as such terms are defined in section 658P of the Child Care Development Block Grant Act of 1990 (
(B) 0.5 percent of such amounts to award grants to Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands for programs or activities consistent with the purposes of this section, to be allotted in accordance with their respective needs.CommentsClose CommentsPermalink
(2) ALLOTMENTS- From the amounts appropriated to carry out this section and not reserved under paragraph (1), the Secretary shall make allotments to each eligible State with an approved application using the formula established under section 658O(b) of the Child Care Development Block Grant Act of 1990 (
(d) Application-CommentsClose CommentsPermalink
(1) IN GENERAL- A State desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including the following:CommentsClose CommentsPermalink
(A) A description of how, by not later than 3 years after the date of receipt of the grant, the State will ensure the health and safety of early childhood care and education programs by inspecting and monitoring all regulated child care providers in the State not less than 2 times each year, in accordance with subsection (e)(2).CommentsClose CommentsPermalink
(B) A description of the process the State proposes to use to ensure that investments made to increase access to programs providing high-quality early childhood care and education programs are prioritized first in local economic areas with significant concentrations of poverty and unemployment that do not have such programs.CommentsClose CommentsPermalink
(C) A description of the strategies the State will employ to build on the capacity of State early childhood care and education programs, and communities, to promote parents’ and families’ understanding of the State’s early childhood care and education system and the importance of high-quality early learning opportunities.CommentsClose CommentsPermalink
(D) A description of the proposed timeframe to develop and implement the elements of the grant program described in the application.CommentsClose CommentsPermalink
(E) An assurance that the grant funds will only be used to supplement, and not to supplant, Federal, State, and local funds otherwise available to support existing (as of the date of the application) early childhood care and education programs described in subsection (e)(3).CommentsClose CommentsPermalink
(F) A certification that the State will provide assistance for the provision of early childhood care and education programs under subsection (f), and provides assistance for child care services under the Child Care and Development Block Grant Act of 1990 (
(G) An assurance that the State will periodically revise the sliding fee scale used to provide assistance under this section.CommentsClose CommentsPermalink
(H) A description of how the State will coordinate the program supported under this section with the program supported under the Child Care and Development Block Grant Act of 1990 (
(2) CONSULTATION- A State shall develop its application under this subsection in consultation with the State Advisory Council on Early Education and Care established pursuant to section 642B(b)(1)(A) of the Head Start Act (
(e) Use of Funds- A State that receives a grant under this section shall use grant funds to carry out the following:CommentsClose CommentsPermalink
(1) RESERVATION FOR ENHANCING CHILD CARE QUALITY- The State shall reserve 10 percent of the grant funds to support--CommentsClose CommentsPermalink
(A) activities that enhance the skills, knowledge, credentials, and compensation of the child care workforce, including in ways that support career advancement through career ladders; andCommentsClose CommentsPermalink
(B) other activities to enhance child care quality and support child care providers, including family child care providers, in meeting the standards described in subsection (f)(2).CommentsClose CommentsPermalink
(2) USE FOR INSPECTION AND MONITORING- From the amount of grant funds remaining after the reservation under paragraph (1), the State shall use not less than 10 percent of funds to ensure that the State inspects and monitors all State-regulated child care providers, to include site visits not less frequently than 2 times each year. At a minimum, 1 such visit shall address health and safety and 1 visit shall address child care quality, and at least 1 of the visits shall be unannounced.CommentsClose CommentsPermalink
(3) USE FOR SUBSIDIES FOR EARLY CHILDHOOD CARE AND EDUCATION PROGRAMS- From the amount of grant funds remaining after carrying out paragraphs (1) and (2), the State shall make high-quality early childhood care and education programs more affordable to families of eligible children by--CommentsClose CommentsPermalink
(A) using two-thirds of such remaining amounts to provide assistance for the provision of high-quality early childhood care and education programs under subsection (f) for eligible children who are infants and toddlers; andCommentsClose CommentsPermalink
(B) using the remaining funds to provide assistance for eligible children who have not attained the age of 13 for the provision of high-quality early childhood care and education programs (which, for purposes of serving school-age children under this subparagraph, shall be deemed to include high-quality after-school programs) under subsection (f).CommentsClose CommentsPermalink
(f) More Affordable Quality Child Care-CommentsClose CommentsPermalink
(1) IN GENERAL- To provide the assistance described in subsection (e)(3), a State shall award grants or contracts to eligible providers that allow parents of eligible children who are provided assistance under this section to enroll such children with the eligible providers in high-quality early childhood care and education programs described in such subsection.CommentsClose CommentsPermalink
(2) ELIGIBLE PROVIDERS-CommentsClose CommentsPermalink
(A) IN GENERAL- In order for a provider that serves eligible children from birth through age 5 to be an eligible provider for purposes of this section, the provider shall be a child care center, Head Start or Early Head Start program, or family child care home or system that--CommentsClose CommentsPermalink
(i) offers full-day, full-year care or before- or after-school care; andCommentsClose CommentsPermalink
(ii)(I) meets Head Start program performance standards, or standards established for the top tier of a State’s quality rating and improvement system, as appropriate; orCommentsClose CommentsPermalink
(II) is accredited by a national early childhood body with demonstrated valid and reliable program standards of high quality.CommentsClose CommentsPermalink
(B) SPECIAL RULE- The Secretary may adjust the requirements of subparagraph (A), to the extent the Secretary determines necessary to carry out the purposes of this section, for high-quality early childhood care and education programs providing care to eligible children during nontraditional hours.CommentsClose CommentsPermalink
(3) SUPPORT FOR CHILDREN WITH DISABILITIES- Not less than 15 percent of the funds described in each of subparagraphs (A) and (B) of subsection (e)(3) shall be used to support high-quality early childhood care and education programs through eligible providers for eligible children who are children with disabilities, as defined in section 602 of the Individuals with Disabilities Education Act (
(4) SUPPORT FOR QUALITY CARE DURING NONTRADITIONAL HOURS- Not less than 10 percent of the funds described in each of subparagraphs (A) and (B) of subsection (e)(3) shall be used to support the provision of high-quality early childhood care and education programs described in such subsection to eligible children during nontraditional hours.CommentsClose CommentsPermalink
(g) Accountability-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall define, by regulation, indicators to be used to measure success on the activities carried out under a grant under this section, the primary indicator of which shall be increasing the number and percentage of low-income children in high-quality, State early childhood care and education programs, as described in subsection (e)(3).CommentsClose CommentsPermalink
(2) QUANTIFIABLE BENCHMARKS- Each State receiving a grant under this section shall--CommentsClose CommentsPermalink
(A) develop quantifiable benchmarks for the State and the activities supported under the grant based on indicators described in paragraph (1) that are applicable to the State; andCommentsClose CommentsPermalink
(B) submit such benchmarks for approval to the Secretary.CommentsClose CommentsPermalink
(3) DISAGGREGATION- The indicators and benchmarks shall include, at a minimum, indicators and benchmarks for all eligible children served by the program and for the categories of children described in paragraphs (2), (3), and (4) of subsection (i).CommentsClose CommentsPermalink
(h) Maintenance of Effort- With respect to each period for which a State is awarded a grant under this section, the expenditures by the State on State early childhood care and education programs described in subsection (e)(3), and supports, shall not be less than the greater of the level of the expenditures for such programs and supports in the prior fiscal year or in the full fiscal year preceding the date of enactment of the Rebuilding America Act.CommentsClose CommentsPermalink
(i) Reports- Each State that receives a grant under this section shall submit to the Secretary an annual report, which the Secretary shall make publicly available, that includes information on the activities carried out by the State under this section for the year, including--CommentsClose CommentsPermalink
(1) the number of eligible children, and families, that were assisted under this section;CommentsClose CommentsPermalink
(2) the number and percentage of low-income children assisted;CommentsClose CommentsPermalink
(3) the number and percentage of English learners assisted;CommentsClose CommentsPermalink
(4) the number and percentage of children with disabilities assisted; andCommentsClose CommentsPermalink
(5) the number of early childhood care and education programs, as described in subsection (e)(3) and disaggregated by type, that received assistance under this section.CommentsClose CommentsPermalink
(j) Funding- There shall be made available from the Rebuild America Trust Fund under section 9512 of the Internal Revenue Code of 1986, $5,000,000,000 for each of fiscal years 2013 through 2022 to carry out this section.CommentsClose CommentsPermalink
(k) Sunset Provision- The authority under this section shall expire on the date that is 10 years after the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle B--Helping Americans Enjoy Their Golden YearsCommentsClose CommentsPermalink
Subtitle B--Helping Americans Enjoy Their Golden YearsCommentsClose CommentsPermalink
PART I--COMMISSION ON RETIREMENT SECURITY
SEC. 211. SHORT TITLE.
This part may be cited as the ‘Retirement Security Act of 2012’.CommentsClose CommentsPermalink
SEC. 212. FINDINGS.
Congress makes the following findings:CommentsClose CommentsPermalink
(1) The United States is facing a retirement crisis. The difference between what people need for retirement and what they actually have is approximately $6,600,000,000,000.CommentsClose CommentsPermalink
(2) Social Security is the bedrock of retirement security, but Social Security must be supplemented by a strong and vibrant private retirement system.CommentsClose CommentsPermalink
(3) The private retirement system is not doing enough to help families prepare for retirement. Only 1/2 of the workforce has access to an employer provided retirement plan, and the number of workers covered by defined benefit pension plans has fallen from 50 percent to 20 percent in just 30 years. Consequently, retirement is getting less and less secure for middle class families.CommentsClose CommentsPermalink
(4) In order to address the retirement crisis, the United States needs a retirement system that embodies the following principles:CommentsClose CommentsPermalink
(A) The private retirement system must be universal and automatic.CommentsClose CommentsPermalink
(B) The private retirement system must provide people with income certainty.CommentsClose CommentsPermalink
(C) The private retirement system must be one of shared responsibility.CommentsClose CommentsPermalink
(D) The private retirement system must be pooled and professionally managed.CommentsClose CommentsPermalink
SEC. 213. COMMISSION ON RETIREMENT SECURITY.
(a) Establishment- There is established a commission to be known as the ‘Commission on Retirement Security’ (referred to in this part as the ‘Commission’).CommentsClose CommentsPermalink
(b) Membership-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission shall be composed of 31 members. Such members shall be appointed in accordance with the following:CommentsClose CommentsPermalink
(A) Two members appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate.CommentsClose CommentsPermalink
(B) Two members appointed by the Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate.CommentsClose CommentsPermalink
(C) Two members appointed by the Chairman of the Committee on Finance of the Senate.CommentsClose CommentsPermalink
(D) Two members appointed by the Ranking Member of the Committee on Finance of the Senate.CommentsClose CommentsPermalink
(E) Two members appointed by the Chairman of the Committee on Education and the Workforce of the House of Representatives.CommentsClose CommentsPermalink
(F) Two members appointed by the Ranking Member of the Committee on Education and the Workforce of the House of Representatives.CommentsClose CommentsPermalink
(G) Two members appointed by the Chairman of the Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink
(H) Two members appointed by the Ranking Member of the Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink
(I) Fifteen members appointed by the President from among officers or employees of the Executive Branch, private citizens of the United States, or both. Not more than 8 such members appointed by the President may be from 1 political party.CommentsClose CommentsPermalink
(2) DATE OF APPOINTMENTS- The appointment of a member of the Commission shall be made not later than 30 days after the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Term; Vacancies-CommentsClose CommentsPermalink
(1) TERM- A member shall be appointed for the life of the Commission.CommentsClose CommentsPermalink
(2) VACANCIES- A vacancy on the Commission--CommentsClose CommentsPermalink
(A) shall not affect the powers of the Commission; andCommentsClose CommentsPermalink
(B) shall be filled in the same manner as the original appointment was made.CommentsClose CommentsPermalink
(d) Initial Meeting- Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.CommentsClose CommentsPermalink
(e) Meetings- The Commission shall meet at the call of the co-chairpersons. Meetings shall be open to the public unless designated otherwise by the co-chairpersons.CommentsClose CommentsPermalink
(f) Quorum- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.CommentsClose CommentsPermalink
(g) Co-Chairpersons- The Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Education and the Workforce of the House of Representatives shall each select 1 member to be co-chairperson of the Commission.CommentsClose CommentsPermalink
SEC. 214. DUTIES.
(a) Review and Analysis- The Commission shall--CommentsClose CommentsPermalink
(1) review relevant analyses of the private retirement system;CommentsClose CommentsPermalink
(2) identify problems that threaten retirement security; andCommentsClose CommentsPermalink
(3) analyze potential solutions to such problems.CommentsClose CommentsPermalink
(b) Recommendations- The Commission shall develop recommendations on improving the private retirement system in the United States.CommentsClose CommentsPermalink
(c) Report- Not later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report that contains--CommentsClos