I 

112TH CONGRESS 

1ST SESSION H. R. 2914 

To create an emergency jobs program that will fund 2,242,000 positions 

during fiscal years 2012 and 2013. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2011 

Ms. SCHAKOWSKY (for herself, Ms. BASS of California, Mrs. CHRISTENSEN, 

Mr. CICILLINE, Mr. COHEN, Mr. CONYERS, Mr. CUMMINGS, Ms. 

DELAURO, Ms. EDWARDS, Mr. ELLISON, Ms. FUDGE, Mr. GRIJALVA, 

Mr. GUTIERREZ, Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. HOLT, 

Mr. HONDA, Mr. JACKSON of Illinois, Ms. JACKSON LEE of Texas, Mr. 

JOHNSON of Georgia, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. KILDEE, Mr. KUCINICH, Mr. LARSON of Connecticut, Ms. LEE of California, 

Mr. MCDERMOTT, Mr. NADLER, Ms. NORTON, Mr. OLVER, Mr. RANGEL, 

Ms. RICHARDSON, Mr. SCOTT of Virginia, Mr. SERRANO, Mr. STARK, Ms. 

WOOLSEY, Mr. FILNER, Ms. BROWN of Florida, Ms. ROYBAL-ALLARD, 

Ms. CLARKE of New York, Ms. WATERS, and Mr. COURTNEY) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce, and in addition to the Committees on Natural Resources, 

Agriculture, the Judiciary, Science, Space, and Technology, and Energy 

and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To create an emergency jobs program that will fund 

2,242,000 positions during fiscal years 2012 and 2013. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Emergency Jobs to 

3 Restore the American Dream Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—SCHOOL IMPROVEMENT CORPS 

Sec. 101. Purpose. 

Sec. 102. Definitions. 

Subtitle A—Grants for Modernization, Renovation, or Repair of Public School 

Facilities 

Sec. 111. Purpose. 

Sec. 112. Allocation of funds. 

Sec. 113. Allowable uses of funds. 

Sec. 114. Priority projects. 

Subtitle B—Grants for Maintenance Costs 

Sec. 115. Allocation to States. 

Sec. 116. Allowable uses of funds. 

Subtitle C—General Provisions 

Sec. 121. Supplement, not supplant. 

Sec. 122. Prohibition regarding State aid. 

Sec. 123. Maintenance of effort. 

Sec. 124. Special rules on contracting. 

Sec. 125. Use of American iron, steel, and manufactured goods. 

Sec. 126. Labor standards; compliance with existing statutes. 

Sec. 127. Charter schools. 

Sec. 128. Green schools. 

Sec. 129. Reporting. 

Sec. 130. Special rules. 

Sec. 131. Promotion of employment experiences. 

Sec. 132. Availability of funds. 

Sec. 133. Alternate distribution of funds. 

TITLE II—STUDENT JOBS CORPS 

Sec. 201. Student Jobs Corps. 

TITLE III—PARK IMPROVEMENT CORPS 

Sec. 301. Appropriation of additional funds for Public Lands Corps. 

TITLE IV—NEIGHBORHOOD HEROES CORPS 

Sec. 401. Teacher Corps. 


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Sec. 402. Appropriation of additional funds for Community Oriented Policing 

Services. 

Sec. 403. Firefighters Corps. 

TITLE V—HEALTH CARE CORPS 

Sec. 501. Purpose. 

Sec. 502. Health care and long-term care providers. 

Sec. 503. Supplement, not supplant. 

TITLE VI—COMMUNITY CORPS 

Sec. 601. Purpose. 

Sec. 602. Community Corps. 

Sec. 603. Application. 

Sec. 604. Activities of the Community Corps. 

Sec. 605. Hiring and preferences. 

Sec. 606. Additional requirements for States and units of general local government. 

Sec. 607. Employment status and compensation. 

Sec. 608. Nondisplacement of existing employees. 

Sec. 609. Dispute resolutions, whistleblower hotline, and enforcement by the 

Secretary. 

Sec. 610. Definitions. 

TITLE VII—CHILD DEVELOPMENT CORPS 

Sec. 701. Purpose. 

Sec. 702. Child Development Corps. 

TITLE VIII—GENERAL PROVISIONS 

Sec. 801. General requirements for entities receiving funding under this Act. 

Sec. 802. Reporting. 

Sec. 803. Hiring and preferences. 

Sec. 804. Flexibility on hiring. 

Sec. 805. Nondisplacement. 

Sec. 806. Employment status and compensation in new programs. 

Sec. 807. Dispute resolutions, whistleblower hotline, and enforcement by the 

Secretary. 

Sec. 808. Termination. 

1 TITLE I—SCHOOL 

2 IMPROVEMENT CORPS 

3 SEC. 101. PURPOSE. 

4 It is the purpose of this title to provide for the cre5 ation of 400,000 construction jobs for the purpose of mod6 ernizing, renovating, or repairing public school facilities; 


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1 and 250,000 maintenance jobs for the purpose of main2 taining and improving public school facilities. 

3 SEC. 102. DEFINITIONS. 

4 In this title: 

5 (1) The term ‘‘Bureau-funded school’’ has the 

6 meaning given such term in section 1141 of the 

7 Education Amendments of 1978 (25 U.S.C. 2021). 

8 (2) The term ‘‘charter school’’ has the meaning 

9 given such term in section 5210 of the Elementary 

10 and Secondary Education Act of 1965 (20 U.S.C. 

11 7221i). 

12 (3) The term ‘‘CHPS Criteria’’ means the 

13 green building rating program developed by the Col14 laborative for High Performance Schools. 

15 (4) The term ‘‘Energy Star’’ means the Energy 

16 Star program of the United States Department of 

17 Energy and the United States Environmental Pro18 tection Agency. 

19 (5) The term ‘‘Green Globes’’ means the Green 

20 Building Initiative environmental design and rating 

21 system referred to as Green Globes. 

22 (6) The term ‘‘LEED Green Building Rating 

23 System’’ means the United States Green Building 

24 Council Leadership in Energy and Environmental 


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1 Design green building rating standard referred to as 

2 LEED Green Building Rating System. 

3 (7) The term ‘‘local educational agency’’— 

4 (A) has the meaning given such term in 

5 section 9101 of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 7801); 

7 (B) includes any public charter school that 

8 constitutes a local educational agency under 

9 State law; and 

10 (C) includes the Recovery School District 

11 of Louisiana. 

12 (8) The term ‘‘outlying area’’— 

13 (A) means the United States Virgin Is14 lands, Guam, American Samoa, and the Com15 monwealth of the Northern Mariana Islands; 

16 and 

17 (B) includes the Republic of Palau. 

18 (9) The term ‘‘public school facilities’’ means 

19 existing public elementary or secondary school facili20 ties, including public charter school facilities and 

21 other existing facilities planned for adaptive reuse as 

22 public charter school facilities. 

23 (10) The term ‘‘Secretary’’ means the Secretary 

24 of Education. 


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1 (11) The term ‘‘State’’ means each of the 50 

2 States, the District of Columbia, and the Common3 wealth of Puerto Rico. 

4 Subtitle A—Grants for Moderniza5 tion, Renovation, or Repair of 

6 Public School Facilities 

7 SEC. 111. PURPOSE. 

8 Grants under this subtitle shall be for the purpose 

9 of modernizing, renovating, or repairing public school fa10 cilities (including early learning facilities, as appropriate), 

11 based on the need of the facilities for such improvements, 

12 to ensure that public school facilities are safe, healthy, 

13 high-performing, and technologically up-to-date. 

14 SEC. 112. ALLOCATION OF FUNDS. 

15 (a) RESERVATION.— 

16 (1) IN GENERAL.—From the amount appro17 priated to carry out this subtitle for each fiscal year 

18 pursuant to section 132(a)(1), the Secretary shall 

19 reserve 2 percent of such amount, consistent with 

20 the purpose described in section 132(a)(1)— 

21 (A) to provide assistance to the outlying 

22 areas; and 

23 (B) for payments to the Secretary of the 

24 Interior to provide assistance to Bureau-funded 

25 schools. 


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1 (2) USE OF RESERVED FUNDS.—In each fiscal 

2 year, the amount reserved under paragraph (1) shall 

3 be divided between the uses described in subpara4 graphs (A) and (B) of such paragraph in the same 

5 proportion as the amount reserved under section 

6 1121(a) of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 6331(a)) is divided 

8 between the uses described in paragraphs (1) and 

9 (2) of such section 1121(a) in such fiscal year. 

10 (3) DISTRESSED AREAS AND NATURAL DISAS11 TERS.—From the amount appropriated to carry out 

12 this subtitle for each fiscal year pursuant to section 

13 132(a), the Secretary shall reserve 5 percent of such 

14 amount for grants to— 

15 (A) local educational agencies serving geo16 graphic areas with significant economic distress, 

17 to be used consistent with the purpose de18 scribed in section 111 and the allowable uses of 

19 funds described in section 113; 

20 (B) local educational agencies serving geo21 graphic areas recovering from a natural dis22 aster; and 

23 (C) local educational agencies serving geo24 graphic areas that contain a military installa25 tion selected for closure under the base closure 


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1 and realignment process pursuant to the De2 fense Base Closure and Realignment Act of 

3 1990 (part A of title XXIX of Public Law 101– 

4 510; 10 U.S.C. 2687 note). 

5 (b) ALLOCATION TO STATES.— 

6 (1) STATE-BY-STATE ALLOCATION.—Of the 

7 amount appropriated to carry out this subtitle for 

8 each fiscal year pursuant to section 132(a)(1), and 

9 not reserved under subsection (a), each State shall 

10 be allocated an amount in proportion to the amount 

11 received by all local educational agencies in the State 

12 under part A of title I of the Elementary and Sec13 ondary Education Act of 1965 (20 U.S.C. 6311 et 

14 seq.) for the previous fiscal year relative to the total 

15 amount received by all local educational agencies in 

16 every State under such part for such fiscal year. 

17 (2) STATE ADMINISTRATION.—A State may re18 serve up to 1 percent of its allocation under para19 graph (1) to carry out its responsibilities under this 

20 subtitle, which include— 

21 (A) providing technical assistance to local 

22 educational agencies; 

23 (B) developing an online, publicly search24 able database that includes an inventory of pub25 lic school facilities in the State, including for 


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1 each such facility, its design, condition, mod2 ernization, renovation and repair needs, utiliza3 tion, energy use, and carbon footprint; and 

4 (C) creating voluntary guidelines for high5 performing school buildings, including guide6 lines concerning the following: 

7 (i) Site location, storm water manage8 ment, outdoor surfaces, outdoor lighting, 

9 and transportation, including public transit 

10 and pedestrian and bicycle accessability. 

11 (ii) Outdoor water systems, land12 scaping to minimize water use, including 

13 elimination of irrigation systems for land14 scaping, and indoor water use reduction. 

15 (iii) Energy efficiency (including min16 imum and superior standards, such as for 

17 heating, ventilation, and air conditioning 

18 systems), use of alternative energy sources, 

19 commissioning, and training. 

20 (iv) Use of durable, sustainable mate21 rials, including life-cycle cost effectiveness, 

22 and waste reduction. 

23 (v) Indoor environmental quality, such 

24 as day lighting in classrooms, lighting 

25 quality, indoor air quality (including with 


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1 reference to reducing the incidence and ef2 fects of asthma and other respiratory ill3 nesses), acoustics, and thermal comfort. 

4 (vi) Operations and management, 

5 such as use of energy-efficient equipment, 

6 indoor environmental management plan, 

7 maintenance plan, and pest management. 

8 (3) GRANTS TO LOCAL EDUCATIONAL AGEN9 CIES.—From the amount allocated to a State under 

10 paragraph (1), each eligible local educational agency 

11 in the State shall receive an amount in proportion 

12 to the amount received by such local educational 

13 agency under part A of title I of the Elementary and 

14 Secondary Education Act of 1965 (20 U.S.C. 6311 

15 et seq.) for the previous fiscal year relative to the 

16 total amount received by all local educational agen17 cies in the State under such part for such fiscal 

18 year, except that no local educational agency that re19 ceived funds under such part for such fiscal year 

20 shall receive a grant of less than $5,000 in any fiscal 

21 year under this subtitle. 

22 (4) SPECIAL RULE.—Section 1122(c)(3) of the 

23 Elementary and Secondary Education Act of 1965 

24 (20 U.S.C. 6332(c)(3)) shall not apply to paragraph 

25 (1) or (3). 


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1 (c) SPECIAL RULES.— 

2 (1) DISTRIBUTIONS BY SECRETARY.—The Sec3 retary shall make and distribute the reservations 

4 and allocations described in subsections (a) and (b) 

5 not later than 90 days after an appropriation of 

6 funds for this subtitle is made. 

7 (2) DISTRIBUTIONS BY STATES.—A State shall 

8 make and distribute the allocations described in sub9 section (b)(3) within 60 days of receiving such funds 

10 from the Secretary. 

11 SEC. 113. ALLOWABLE USES OF FUNDS. 

12 (a) IN GENERAL.—A local educational agency receiv13 ing a grant under this subtitle shall use the grant for mod14 ernization, renovation, or repair of public school facilities 

15 (including early learning facilities and charter schools, as 

16 appropriate), including— 

17 (1) repair, replacement, or installation of roofs, 

18 including extensive, intensive or semi-intensive green 

19 roofs, electrical wiring, water supply and plumbing 

20 systems, sewage systems, storm water runoff sys21 tems, lighting systems, building envelope, windows, 

22 ceilings, flooring, or doors, including security doors; 

23 (2) repair, replacement, or installation of heat24 ing, ventilation, or air conditioning systems, includVerDate Mar 15 2010 03:04 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.IH H2914

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1 ing insulation, and conducting indoor air quality as2 sessments; 

3 (3) compliance with fire, health, seismic, and 

4 safety codes, including professional installation of 

5 fire and life safety alarms, and modernizations, ren6 ovations, and repairs that ensure that schools are 

7 prepared for emergencies, such as improving build8 ing infrastructure to accommodate security measures 

9 and installing or upgrading technology to ensure 

10 that schools are able to respond to emergencies such 

11 as acts of terrorism, campus violence, and natural 

12 disasters; 

13 (4) retrofitting necessary to increase the energy 

14 efficiency and water efficiency of public school facili15 ties; 

16 (5) modifications necessary to make facilities 

17 accessible in compliance with the Americans with 

18 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 

19 and section 504 of the Rehabilitation Act of 1973 

20 (29 U.S.C. 794); 

21 (6) abatement, removal, or interim controls of 

22 asbestos, polychlorinated biphenyls, mold, mildew, 

23 lead-based hazards, including lead-based paint haz24 ards, or a proven carcinogen; 


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1 (7) measures designed to reduce or eliminate 

2 human exposure to classroom noise and environ3 mental noise pollution; 

4 (8) modernization, renovation, or repair nec5 essary to reduce the consumption of coal, electricity, 

6 land, natural gas, oil, or water; 

7 (9) installation or upgrading of educational 

8 technology infrastructure; 

9 (10) modernization, renovation, or repair of 

10 science and engineering laboratories, libraries, and 

11 career and technical education facilities, and im12 provements to building infrastructure to accommo13 date bicycle and pedestrian access; 

14 (11) installation or upgrading of renewable en15 ergy generation and heating systems, including 

16 solar, photovoltaic, wind, biomass (including wood 

17 pellet and woody biomass), waste-to-energy, and 

18 solar-thermal and geothermal systems, and for en19 ergy audits; 

20 (12) measures designed to reduce or eliminate 

21 human exposure to airborne particles such as dust, 

22 sand, and pollens; 

23 (13) creating greenhouses, gardens (including 

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1 entific, or other educational purposes, or to produce 

2 energy savings; 

3 (14) modernizing, renovating, or repairing 

4 physical education facilities for students, including 

5 upgrading or installing recreational structures made 

6 from post-consumer recovered materials in accord7 ance with the comprehensive procurement guidelines 

8 prepared by the Administrator of the Environmental 

9 Protection Agency under section 6002(e) of the 

10 Solid Waste Disposal Act (42 U.S.C. 6962(e)); 

11 (15) other modernization, renovation, or repair 

12 of public school facilities to— 

13 (A) improve teachers’ ability to teach and 

14 students’ ability to learn; 

15 (B) ensure the health and safety of stu16 dents and staff; 

17 (C) make them more energy efficient; or 

18 (D) reduce class size; and 

19 (16) required environmental remediation related 

20 to modernization, renovation, or repair described in 

21 paragraphs (1) through (15). 

22 (b) ADMINISTRATIVE COSTS.—A local educational 

23 agency receiving a grant under this title may not use more 

24 than 1 percent of such grant funds for administrative 

25 costs. 


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1 SEC. 114. PRIORITY PROJECTS. 

2 In selecting a project under section 113, a local edu3 cational agency may give priority to projects involving the 

4 abatement, removal, or interim controls of asbestos, poly5 chlorinated biphenyls, mold, mildew, lead-based hazards, 

6 including lead-based paint hazards, or a proven car7 cinogen. 

8 Subtitle B—Grants for 

9 Maintenance Costs 

10 SEC. 115. ALLOCATION TO STATES. 

11 (a) STATE-BY-STATE ALLOCATION.—Of the amount 

12 appropriated to carry out this subtitle for each fiscal year 

13 pursuant to section 132(a)(2), each State shall be allo14 cated an amount in proportion to the amount received by 

15 all local educational agencies in the State under part A 

16 of title I of the Elementary and Secondary Education Act 

17 of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal 

18 year relative to the total amount received by all local edu19 cational agencies in every State under such part for such 

20 fiscal year. 

21 (b) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

22 From the amount allocated to a State under subsection 

23 (a), each eligible local educational agency in the State 

24 shall receive an amount in proportion to the amount re25 ceived by such local educational agency under part A of 

26 title I of the Elementary and Secondary Education Act 


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1 of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal 

2 year relative to the total amount received by all local edu3 cational agencies in the State under such part for such 

4 fiscal year. 

5 SEC. 116. ALLOWABLE USES OF FUNDS. 

6 (a) REQUIRED USE OF FUNDS.—A local educational 

7 agency receiving a grant under this subtitle shall use the 

8 grant for payment of maintenance costs, including routine 

9 repairs classified as current expenditures under State or 

10 local law. 

11 (b) ADMINISTRATIVE COSTS.—A local educational 

12 agency receiving a grant under this subtitle may not use 

13 more than 1 percent of such grant funds for administra14 tive costs. 

15 Subtitle C—General Provisions 

16 SEC. 121. SUPPLEMENT, NOT SUPPLANT. 

17 A local educational agency receiving a grant under 

18 this title shall use such Federal funds only to supplement 

19 and not supplant the amount of funds that would, in the 

20 absence of such Federal funds, be available for moderniza21 tion, renovation, repair, maintenance, and construction of 

22 public school facilities. 

23 SEC. 122. PROHIBITION REGARDING STATE AID. 

24 A State shall not take into consideration payments 

25 under this title in determining the eligibility of any local 


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1 educational agency in that State for State aid, or the 

2 amount of State aid, with respect to free public education 

3 of children. 

4 SEC. 123. MAINTENANCE OF EFFORT. 

5 (a) IN GENERAL.—A local educational agency may 

6 receive a grant under this title for any fiscal year only 

7 if either the combined fiscal effort per student or the ag8 gregate expenditures of the agency and the State involved 

9 with respect to the provision of free public education by 

10 the agency for the preceding fiscal year was not less than 

11 90 percent of the combined fiscal effort or aggregate ex12 penditures for the second preceding fiscal year. 

13 (b) WAIVER.—The Secretary shall waive the require14 ments of this section if the Secretary determines that a 

15 waiver would be equitable due to— 

16 (1) exceptional or uncontrollable circumstances, 

17 such as a natural disaster; or 

18 (2) a precipitous decline in the financial re19 sources of the local educational agency. 

20 SEC. 124. SPECIAL RULES ON CONTRACTING. 

21 (a) LOCAL EDUCATIONAL AGENCY REQUIRE22 MENTS.— 

23 (1) IN GENERAL.—Each local educational agen24 cy receiving a grant under this title shall ensure 

25 that, if the agency carries out modernization, renVerDate Mar 15 2010 03:04 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.IH H2914

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1 ovation, repair, maintenance, or construction 

2 through a contract, the process for any such con3 tract ensures the maximum number of qualified bid4 ders, including local, small, minority, and women5 and veteran-owned businesses, through full and open 

6 competition. 

7 (2) REVIEW OF APPLICATIONS.—In reviewing 

8 awarding contracts under paragraph (1), a local 

9 educational agency shall give preference to busi10 nesses that demonstrate— 

11 (A) current and past compliance with Fed12 eral and State labor laws, including laws con13 cerning wage and hour, labor relations, family 

14 and medical leave, occupational safety and 

15 health, and living wage standards; and 

16 (B) terms and conditions of employment 

17 including payment of living wage; availability of 

18 sick, vacation and retirement benefits; and ex19 istence of grievance procedures and labor-man20 agement committees. 

21 (b) CERTIFICATION BY BUSINESSES.—Any business 

22 competing for a contract with a local educational agency 

23 receiving funds under this title shall certify to the local 

24 educational agency that the business has a record of com25 pliance and is currently in compliance with Federal, State, 


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1 and local labor and workplace laws, including statutes con2 cerning wage and hour, labor relations, family and medical 

3 leave, occupational safety and health, and living wage 

4 standards. 

5 SEC. 125. USE OF AMERICAN IRON, STEEL, AND MANUFAC6 TURED GOODS. 

7 (a) IN GENERAL.—None of the funds appropriated 

8 or otherwise made available by this title may be used for 

9 a project for the modernization, renovation, repair, main10 tenance, or construction of a public school facility unless 

11 all of the iron, steel, and manufactured goods used in the 

12 project are produced in the United States. 

13 (b) EXCEPTIONS.—Subsection (a) shall not apply in 

14 any case or category of cases in which the Secretary finds 

15 that— 

16 (1) applying subsection (a) would be incon17 sistent with the public interest; 

18 (2) iron, steel, and the relevant manufactured 

19 goods are not produced in the United States in suffi20 cient and reasonably available quantities and of a 

21 satisfactory quality; or 

22 (3) inclusion of iron, steel, and manufactured 

23 goods produced in the United States will increase 

24 the cost of the overall project by more than 25 per25 cent. 


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1 (c) PUBLICATION OF JUSTIFICATION.—If the Sec2 retary determines that it is necessary to waive the applica3 tion of subsection (a) based on a finding under subsection 

4 (b), the Secretary shall publish in the Federal Register 

5 a detailed written justification of the determination. 

6 (d) CONSTRUCTION.—This section shall be applied in 

7 a manner consistent with United States obligations under 

8 international agreements. 

9 SEC. 126. LABOR STANDARDS; COMPLIANCE WITH EXIST10 ING STATUTES. 

11 (a) IN GENERAL.—The grant programs under this 

12 subtitle are applicable programs (as that term is defined 

13 in section 400 of the General Education Provisions Act 

14 (20 U.S.C. 1221)) subject to section 439 of such Act (20 

15 U.S.C. 1232b). 

16 (b) COMPLIANCE WITH EXISTING STATUTES.—Each 

17 local educational agency receiving a grant under this title 

18 shall comply with all applicable Federal, State, and local 

19 health, safety, labor, and civil rights laws. 

20 SEC. 127. CHARTER SCHOOLS. 

21 A local educational agency receiving a grant under 

22 this title may reserve an amount of that grant for charter 

23 schools within its jurisdiction for modernization, renova24 tion, repair, and construction, or maintenance of charter 


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1 school facilities (including early learning facilities, as ap2 propriate). 

3 SEC. 128. GREEN SCHOOLS. 

4 (a) IN GENERAL.—A local educational agency receiv5 ing a grant under this title shall, to the maximum extent 

6 practicable, use such funds for public school moderniza7 tion, renovation, repair, or construction or maintenance 

8 that are certified, verified, or consistent with any applica9 ble provisions of— 

10 (1) the LEED Green Building Rating System; 

11 (2) Energy Star; 

12 (3) the CHPS Criteria; 

13 (4) Green Globes; or 

14 (5) an equivalent program adopted by the 

15 State, or another jurisdiction with authority over the 

16 local educational agency, that includes a verifiable 

17 method to demonstrate compliance with such pro18 gram. 

19 (b) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to prohibit a local educational 

21 agency from using sustainable, domestic hardwood lumber 

22 as ascertained through the forest inventory and analysis 

23 program of the Forest Service of the Department of Agri24 culture under the Forest and Rangeland Renewable Re25 sources Research Act of 1978 (16 U.S.C. 1641 et seq.) 


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1 for public school modernization, renovation, repairs, or 

2 construction. 

3 (c) TECHNICAL ASSISTANCE.—The Secretary, in con4 sultation with the Secretary of Energy and the Adminis5 trator of the Environmental Protection Agency, shall pro6 vide outreach and technical assistance to States and local 

7 educational agencies concerning the best practices in 

8 school modernization, renovation, repair, and construc9 tion, including those related to student academic achieve10 ment, student and staff health, energy efficiency, and envi11 ronmental protection. 

12 SEC. 129. REPORTING. 

13 (a) REPORTS BY LOCAL EDUCATIONAL AGENCIES.— 

14 Local educational agencies receiving a grant under this 

15 title shall annually compile a report describing the projects 

16 for which such funds were used, including— 

17 (1) the number and identity of public schools in 

18 the agency, including the number of charter schools, 

19 and for each school, the total number of students, 

20 and the number of students counted under section 

21 1113(a)(5) of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 6313(a)(5)); 

23 (2) the total amount of funds received by the 

24 local educational agency under this title, and for 

25 each public school in the agency, including each 


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1 charter school, the amount of such funds expended, 

2 and the types of modernization, renovation, repair, 

3 or construction projects for which such funds were 

4 used; 

5 (3) the number of students impacted by such 

6 projects, including the number of students so im7 pacted who are counted under section 1113(a)(5) of 

8 the Elementary and Secondary Education Act of 

9 1965 (20 U.S.C. 6313(a)(5)); 

10 (4) the number of public schools in the agency 

11 with a metro-centric locale code of 41, 42, or 43 as 

12 determined by the National Center for Education 

13 Statistics and the percentage of funds received by 

14 the agency under subtitle A or subtitle B of this title 

15 that were used for projects at such schools; 

16 (5) the number of public schools in the agency 

17 that are eligible for schoolwide programs under sec18 tion 1114 of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 6314) and the per20 centage of funds received by the agency under sub21 title A or subtitle B of this title that were used for 

22 projects at such schools; 

23 (6) for each project— 

24 (A) the cost; 


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1 (B) the standard described in section 

2 128(a) with which the use of the funds com3 plied or, if the use of funds did not comply with 

4 a standard described in section 128(a), the rea5 son such funds were not able to be used in com6 pliance with such standards and the agency’s 

7 efforts to use such funds in an environmentally 

8 sound manner; and 

9 (C) any demonstrable or expected benefits 

10 as a result of the project (such as energy sav11 ings, improved indoor environmental quality, 

12 student and staff health, including the reduc13 tion of the incidence and effects of asthma and 

14 other respiratory illnesses, and improved cli15 mate for teaching and learning); 

16 (7) the total number and amount of contracts 

17 awarded, and the number and amount of contracts 

18 awarded to local, small, minority, women, and vet19 eran-owned businesses; and 

20 (8) the total number of jobs created by funding 

21 under this title by— 

22 (A) the local educational agency; and 

23 (B) contractors who performed work for 

24 the local educational agency under this title. 


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1 (b) AVAILABILITY OF REPORTS.—A local educational 

2 agency shall— 

3 (1) submit the report described in subsection 

4 (a) to the State educational agency, which shall com5 pile such information and report it annually to the 

6 Secretary; and 

7 (2) make the report described in subsection (a) 

8 publicly available, including on the agency’s Web 

9 site. 

10 (c) REPORTS BY SECRETARY.—Not later than March 

11 31 of each fiscal year, the Secretary shall submit to the 

12 Committee on Education and the Workforce of the House 

13 of Representatives and the Committee on Health, Edu14 cation, Labor and Pensions of the Senate, and make avail15 able on the Department of Education’s Web site, a report 

16 on grants made under this subtitle, including the informa17 tion from the reports described in subsection (b)(1). 

18 SEC. 130. SPECIAL RULES. 

19 Notwithstanding any other provision of this subtitle, 

20 none of the funds authorized by this title may be— 

21 (1) used to employ workers in violation of sec22 tion 274A of the Immigration and Nationality Act 

23 (8 U.S.C. 1324a); or 


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1 (2) distributed to a local educational agency 

2 that does not have a policy that requires a criminal 

3 background check on all employees of the agency. 

4 SEC. 131. PROMOTION OF EMPLOYMENT EXPERIENCES. 

5 The Secretary of Education, in consultation with the 

6 Secretary of Labor, shall work with recipients of funds 

7 under this subtitle to promote appropriate opportunities 

8 to gain employment experience working on modernization, 

9 renovation, repair, maintenance, and construction projects 

10 funded under this subtitle for— 

11 (1) participants in a YouthBuild program (as 

12 defined in section 173A of the Workforce Investment 

13 Act of 1998 (29 U.S.C. 2918a)); 

14 (2) individuals enrolled in the Job Corps pro15 gram carried out under subtitle C of title I of the 

16 Workforce Investment Act of 1998 (29 U.S.C. 2881 

17 et seq.); 

18 (3) individuals enrolled in a junior or commu19 nity college (as defined in section 312(f) of the 

20 Higher Education Act of 1965 (20 U.S.C. 1088(f))) 

21 certificate or degree program relating to projects de22 scribed in section 128(a); and 

23 (4) participants in preapprenticeship programs 

24 that have direct linkages with apprenticeship pro25 grams that are registered with the Department of 


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1 Labor or a State Apprenticeship Agency under the 

2 National Apprenticeship Act of 1937 (29 U.S.C. 50 

3 et seq.). 

4 SEC. 132. AVAILABILITY OF FUNDS. 

5 (a) AUTHORIZATION AND APPROPRIATION.—There 

6 are authorized to be appropriated, and there are appro7 priated, for each of fiscal years 2012 and 2013— 

8 (1) to carry out subtitle A (in addition to any 

9 other amounts appropriated to carry out such title 

10 and out of any money in the Treasury not otherwise 

11 appropriated), $40,000,000,000; and 

12 (2) to carry out subtitle B (in addition to any 

13 other amounts appropriated to carry out such title 

14 and out of any money in the Treasury not otherwise 

15 appropriated), $10,000,000,000. 

16 (b) PROHIBITION ON EARMARKS.—None of the funds 

17 appropriated under this section may be used for a Con18 gressional earmark as defined in clause 9(d) of rule XXI 

19 of the Rules of the House of Representatives for the 112th 

20 Congress. 

21 (c) SUNSET.—The authority to award grants under 

22 this title shall expire at the end of fiscal year 2013. 

23 SEC. 133. ALTERNATE DISTRIBUTION OF FUNDS. 

24 If, within 30 days after the date of the enactment 

25 of this Act, a local educational agency has submitted to 


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1 the Secretary a certification that they are refusing funds 

2 they are eligible to receive under this title, the Secretary 

3 shall provide for funds allocated to that local educational 

4 agency to be distributed to another entity or other entities 

5 in the State, under such terms and conditions as the Sec6 retary may establish, provided that all terms and condi7 tions that apply to funds appropriated under this section 

8 shall apply to such funds distributed to such entity or enti9 ties. 

10 TITLE II—STUDENT JOBS CORPS 

11 SEC. 201. STUDENT JOBS CORPS. 

12 (a) PURPOSE.—It is the purpose of this section to 

13 provide for an additional 250,000 part-time work-study 

14 jobs through the Federal Work-Study Program under part 

15 C of title IV of the Higher Education Act of 1965 (20 

16 U.S.C. 2751 et seq.). 

17 (b) APPROPRIATION OF ADDITIONAL AMOUNTS.— 

18 There are authorized to be appropriated, and there are 

19 hereby appropriated, out of amounts in the Treasury not 

20 otherwise appropriated, to the Secretary of Education 

21 $425,000,000 for each of the fiscal years 2012 and 2013 

22 for grants to institutions of higher education under part 

23 C of title IV of the Higher Education Act of 1965 (20 

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1 pating in work-study programs in accordance with such 

2 part. 

3 (c) RELATION TO OTHER FUNDS.—Amounts appro4 priated by subsection (b) are in addition to amounts ap5 propriated pursuant to the authorization of appropriations 

6 in section 441(b) of the Higher Education Act of 1965 

7 (20 U.S.C. 2751(b)) and amounts otherwise made avail8 able by any other Act for the Federal Work-Study pro9 gram under part C of such Act of 1965. 

10 (d) MATCHING FUNDS NOT REQUIRED.—Notwith11 standing section 443(b)(5) of the Higher Education Act 

12 of 1965 (20 U.S.C. 2753(b)(5)) or an agreement made 

13 pursuant to such section 443, an institution of higher edu14 cation shall not be required to provide matching funds for 

15 any funds made available to the institution by this section. 

16 TITLE III—PARK IMPROVEMENT 

17 CORPS 

18 SEC. 301. APPROPRIATION OF ADDITIONAL FUNDS FOR 

19 PUBLIC LANDS CORPS. 

20 (a) PURPOSE.—It is the purpose of this section to 

21 provide for the creation of an additional 100,000 positions 

22 in the Public Lands Corps established under section 204 

23 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723). 

24 (b) APPROPRIATION OF ADDITIONAL APPROPRIA25 TIONS.— 


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1 (1) FOREST SERVICE.—There are authorized to 

2 be appropriated, and there are hereby appropriated, 

3 out of amounts in the Treasury not otherwise appro4 priated, to the Secretary of Agriculture 

5 $125,000,000 for each of fiscal years 2012 and 

6 2013— 

7 (A) to carry out the Public Lands Corps 

8 established in the Department of Agriculture 

9 under section 204 of the Public Lands Corps 

10 Act of 1993 (16 U.S.C. 1723); 

11 (B) to support qualified youth or conserva12 tion corps to perform conservation projects re13 ferred to in subsection (d) of such section; and 

14 (C) to support resource assistants selected 

15 under section 206 of such Act (16 U.S.C. 

16 1725). 

17 (2) DEPARTMENT OF THE INTERIOR.—There 

18 are authorized to be appropriated, and there are 

19 hereby appropriated, out of amounts in the Treasury 

20 not otherwise appropriated, to the Secretary of the 

21 Interior $125,000,000 for each of fiscal years 2012 

22 and 2013— 

23 (A) to carry out the Public Lands Corps 

24 established in the Department of the Interior 


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1 under section 204 of the Public Lands Corps 

2 Act of 1993 (16 U.S.C. 1723); 

3 (B) to support qualified youth or conserva4 tion corps to perform conservation projects re5 ferred to in subsection (d) of such section; and 

6 (C) to support resource assistants selected 

7 under section 206 of such Act (16 U.S.C. 

8 1725). 

9 (c) RELATION TO OTHER FUNDS FOR PUBLIC LANDS

10 CORPS.—Amounts appropriated by subsection (b) are in 

11 addition to amounts appropriated pursuant to the author12 ization of appropriations in section 211 of the Public 

13 Lands Corps Act of 1993 (16 U.S.C. 1730) and amounts 

14 allocated to the Public Lands Corps through other Federal 

15 programs or projects. 

16 (d) EXPEDITED OBLIGATION OF FUNDS.—Not later 

17 than 90 days after the date of the enactment of this Act, 

18 the Secretary of Agriculture and the Secretary of the Inte19 rior shall commence obligation of the funds appropriated 

20 by subsection (b) for fiscal year 2012 by utilizing the pool 

21 of remaining applications for fiscal year 2011 assistance 

22 under the Public Lands Corps Act of 1993 (16 U.S.C. 

23 1721 et seq.). If the number of fiscal year 2011 applica24 tions is insufficient to use the entire amount of the addi25 tional funds appropriated for fiscal year 2012, the SecreVerDate Mar 15 2010 03:04 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.IH H2914

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1 taries shall announce an open solicitation process for new 

2 applications for assistance. 

3 (e) WAIVER OF COST-SHARING REQUIREMENTS.— 

4 The cost-sharing requirements of sections 206(b) and 210 

5 of the Public Lands Corps Act of 1993 (16 U.S.C. 1725, 

6 1730) shall not apply with respect to the expenditure of 

7 amounts appropriated by subsection (b). 

8 TITLE IV—NEIGHBORHOOD 

9 HEROES CORPS 

10 SEC. 401. TEACHER CORPS. 

11 (a) PURPOSE.—It is the purpose of this section to 

12 provide for the retention, rehiring, and hiring of 300,000 

13 education jobs. 

14 (b) AUTHORIZATION AND APPROPRIATION.—There 

15 are authorized to be appropriated and there are appro16 priated out of any money in the Treasury not otherwise 

17 obligated for necessary expenses for a Teacher Corps, 

18 $20,000,000,000 for each of fiscal years 2012 and 2013: 

19 Provided, That the amount under this section shall be ad20 ministered under the terms and conditions of sections 

21 14001 through 14013 and title XV of division A of the 

22 American Recovery and Reinvestment Act of 2009 (Public 

23 Law 111–5) except as follows: 

24 (1) ALLOCATION OF FUNDS.— 


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1 (A) Funds appropriated under this section 

2 shall be available only for allocation by the Sec3 retary of Education (in this section referred to 

4 as the Secretary) in accordance with sub5 sections (a), (b), (d), (e), and (f) of section 

6 14001 of division A of Public Law 111–5 and 

7 subparagraph (B) of this paragraph, except 

8 that the amount reserved under such subsection 

9 (b) shall not exceed $4,000,000 and such sub10 section (f) shall be applied by substituting one 

11 year for two years. 

12 (B) Prior to allocating funds to States 

13 under section 14001(d) of division A of Public 

14 Law 111–5, the Secretary shall allocate 0.5 

15 percent to the Secretary of the Interior for 

16 schools operated or funded by the Bureau of In17 dian Affairs on the basis of the schools’ respec18 tive needs for activities consistent with this sec19 tion under such terms and conditions as the 

20 Secretary of the Interior may determine. 

21 (2) RESERVATION.—A State that receives an 

22 allocation of funds appropriated under this section 

23 may reserve not more than 1 percent for the admin24 istrative costs of carrying out its responsibilities with 

25 respect to those funds. 


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1 (3) AWARDS TO LOCAL EDUCATIONAL AGEN2 CIES.— 

3 (A) Except as specified in paragraph (2), 

4 an allocation of funds to a State shall be used 

5 only for awards to local educational agencies for 

6 the support of elementary and secondary edu7 cation in accordance with paragraph (5) for the 

8 2011–2012 and 2012–2013 school years. 

9 (B) Funds used to support elementary and 

10 secondary education shall be distributed 

11 through a State’s primary elementary and sec12 ondary funding formulae or based on local edu13 cational agencies’ relative shares of funds under 

14 part A of title I of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 6311 

16 et seq.) for the most recent fiscal year for which 

17 data are available. 

18 (C) Subsections (a) and (b) of section 

19 14002 of division A of Public Law 111–5 shall 

20 not apply to funds appropriated under this sec21 tion. 

22 (4) COMPLIANCE WITH EDUCATION REFORM AS23 SURANCES.—For purposes of awarding funds appro24 priated under this section, any State that has an ap25 proved application for Phase II of the State Fiscal 


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1 Stabilization Fund that was submitted in accordance 

2 with the application notice published in the Federal 

3 Register on November 17, 2009 (74 Fed. Reg. 

4 59142) shall be deemed to be in compliance with 

5 subsection (b) and paragraphs (2) through (5) of 

6 subsection (d) of section 14005 of division A of Pub7 lic Law 111–5. 

8 (5) REQUIREMENT TO USE FUNDS TO RETAIN

9 OR CREATE EDUCATION JOBS.—Notwithstanding 

10 section 14003(a) of division A of Public Law 111– 

11 5, funds awarded to local educational agencies under 

12 paragraph (3)— 

13 (A) may be used only for compensation 

14 and benefits and other expenses, such as sup15 port services, necessary to retain existing em16 ployees, to recall or rehire former employees, 

17 and to hire new employees, in order to provide 

18 early childhood, elementary, or secondary edu19 cational and related services; and 

20 (B) may not use more than 1 percent of 

21 such grant funds for administrative costs. 

22 (6) PROHIBITION ON USE OF FUNDS FOR

23 RAINY-DAY FUNDS OR DEBT RETIREMENT.—A State 

24 that receives an allocation may not use such funds, 

25 directly or indirectly, to— 


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1 (A) establish, restore, or supplement a 

2 rainy-day fund; 

3 (B) supplant State funds in a manner that 

4 has the effect of establishing, restoring, or 

5 supplementing a rainy-day fund; 

6 (C) reduce or retire debt obligations in7 curred by the State; or 

8 (D) supplant State funds in a manner that 

9 has the effect of reducing or retiring debt obli10 gations incurred by the State. 

11 (7) SUPPLEMENT, NOT SUPPLANT.—Funds 

12 made available under this section shall be used to 

13 supplement, not supplant, the amount of funds that 

14 would, in the absence of the Federal funds made 

15 available under this section, be made available from 

16 local, State, and Federal sources to provide com17 pensation and other expenses such as support serv18 ices, necessary to retain existing employees, to recall 

19 or rehire former employees, and to hire new employ20 ees, in order to provide early childhood, elementary, 

21 or secondary educational and related services. 

22 (8) DEADLINE FOR AWARD.—The Secretary 

23 shall award funds appropriated under this section 

24 not later than 45 days after the date of the enact25 ment of this Act to States that have submitted apVerDate Mar 15 2010 03:04 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.IH H2914

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1 plications meeting the requirements applicable to 

2 funds under this section. The Secretary shall not re3 quire information in applications beyond what is 

4 necessary to determine compliance with applicable 

5 provisions of law. 

6 (9) ALTERNATE DISTRIBUTION OF FUNDS.—If, 

7 within 30 days after the date of the enactment of 

8 this Act, a Governor has not submitted an approv9 able application, the Secretary shall provide for 

10 funds allocated to that State to be distributed to an11 other entity or other entities in the State (notwith12 standing section 14001(e) of division A of Public 

13 Law 111–5) for support of elementary and sec14 ondary education, under such terms and conditions 

15 as the Secretary may establish, provided that all 

16 terms and conditions that apply to funds appro17 priated under this section shall apply to such funds 

18 distributed to such entity or entities. No distribution 

19 shall be made to a State under this paragraph, how20 ever, unless the Secretary has determined (on the 

21 basis of such information as may be available) that 

22 the requirements of paragraph (11) are likely to be 

23 met, notwithstanding the lack of an application from 

24 the Governor of that State. 


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1 (10) LOCAL EDUCATIONAL AGENCY APPLICA2 TION.—Section 442 of the General Education Provi3 sions Act shall not apply to a local educational agen4 cy that has previously submitted an application to 

5 the State under title XIV of division A of Public 

6 Law 111–5. The assurances provided under that ap7 plication shall continue to apply to funds awarded 

8 under this section. 

9 (11) MAINTENANCE OF EFFORT.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (B), a local educational agency may re12 ceive a grant under this title for any fiscal year 

13 only if either the combined fiscal effort per stu14 dent or the aggregate expenditures of the agen15 cy and the State involved with respect to the 

16 provision of free public education by the agency 

17 for the preceding fiscal year was not less than 

18 90 percent of the combined fiscal effort or ag19 gregate expenditures for the second preceding 

20 fiscal year. 

21 (B) WAIVER.—The Secretary shall waive 

22 the requirements of this section if the Secretary 

23 determines that a waiver would be equitable due 

24 to— 


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1 (i) exceptional or uncontrollable cir2 cumstances, such as a natural disaster; or 

3 (ii) a precipitous decline in the finan4 cial resources of the local educational agen5 cy. 

6 (C) ARRA PROVISION NOT APPLICABLE.— 

7 Section 14005(d)(1) and subsections (a) 

8 through (c) of section 14012 of division A of 

9 Public Law 111–5 shall not apply to funds ap10 propriated under this section. 

11 SEC. 402. APPROPRIATION OF ADDITIONAL FUNDS FOR 

12 COMMUNITY ORIENTED POLICING SERVICES. 

13 (a) PURPOSE.—It is the purpose of this section to 

14 provide for the hiring and rehiring of an additional 40,000 

15 State, local, and tribal career law enforcement officers 

16 through the Community Oriented Policing Services pro17 gram under part Q of title I of the Omnibus Crime Control 

18 and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.). 

19 (b) AUTHORIZATION AND APPROPRIATION OF ADDI20 TIONAL AMOUNTS.—There are authorized to be appro21 priated, and there are hereby appropriated, out of 

22 amounts in the Treasury not otherwise appropriated, to 

23 the Attorney General $5,000,000,000 for each of the fiscal 

24 years 2012 and 2013 for grants under section 1701(b)(1) 

25 and (2) of title I of the Omnibus Crime Control and Safe 


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1 Streets Act of 1968 (42 U.S.C. 3796dd(b)(1) and (2)) for 

2 hiring and rehiring of additional career law enforcement 

3 officers under part Q of such title, notwithstanding sub4 section (i) of such section. 

5 (c) RELATION TO OTHER FUNDS FOR COPS.— 

6 Amounts appropriated by subsection (b) are in addition 

7 to amounts appropriated pursuant to the authorization of 

8 appropriations in section 1001(a)(11) of the Omnibus 

9 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

10 3793(a)(11)) and amounts otherwise made available for 

11 grants under section 1701 of such Act (42 U.S.C. 3796dd) 

12 by any other Act. 

13 (d) EXPEDITED OBLIGATION OF FUNDS.—Not later 

14 than 90 days after the date of the enactment of this Act, 

15 the Attorney General shall commence obligation of the 

16 funds appropriated by subsection (b) for fiscal year 2012 

17 by utilizing the pool of applicants who submitted applica18 tions for fiscal year 2011 grants under part Q of title I 

19 of the Omnibus Crime Control and Safe Streets Act of 

20 1968 (42 U.S.C. 3796dd et seq.) but did not receive fund21 ing under such part for such fiscal year for hiring and 

22 rehiring of additional career law enforcement officers. If 

23 the number of such fiscal year 2011 applicants is insuffi24 cient to use the entire amount of the additional funds ap25 propriated for fiscal year 2012, the Attorney General shall 


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1 announce an open solicitation process for new applications 

2 for grants, to be submitted in accordance with the require3 ments of section 1702 of such Act (42 U.S.C. 3796dd– 

4 1). 

5 (e) WAIVER OF CERTAIN REQUIREMENTS.—Notwith6 standing any other provision of law, subsection (g) of sec7 tion 1701 of the Omnibus Crime Control and Safe Streets 

8 Act of 1968 (42 U.S.C. 3796dd(g)) and subsection (c) of 

9 section 1704 of such Act (42 U.S.C. 3796dd–3(c)) shall 

10 not apply with respect to grants awarded using any funds 

11 made available under this section. 

12 SEC. 403. FIREFIGHTERS CORPS. 

13 (a) PURPOSE.—It is the purpose of this section to 

14 provide for the hiring and rehiring of an additional 12,000 

15 firefighters through section 34 of the Federal Fire Preven16 tion and Control Act of 1974 (15 U.S.C. 2229a). 

17 (b) AMENDMENT AUTHORIZING FUNDS.—Section 

18 34(i) of the Federal Fire Prevention and Control Act of 

19 1974 (15 U.S.C. 2229a(i)) is amended— 

20 (1) in paragraph (6) by striking ‘‘and’’; 

21 (2) in paragraph (7) by striking the period at 

22 the end and inserting a semicolon; and 

23 (3) by adding at the end the following: 

24 ‘‘(8) $1,200,000,000 for fiscal year 2012; and 

25 ‘‘(9) $1,200,000,000 for fiscal year 2013.’’. 


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1 (c) APPROPRIATION.— 

2 (1) IN GENERAL.—There is hereby appro3 priated out of any money in the Treasury not other4 wise appropriated $1,200,000,000 for each of the 

5 fiscal years 2012 and 2013 to carry out section 34 

6 of the Federal Fire Prevention and Control Act of 

7 1974 (15 U.S.C. 2229a). 

8 (2) LIMITATION.—None of the funds made 

9 available under paragraph (1) of this Act may be 

10 used to enforce the requirements of subparagraphs 

11 (A), (B), or (E) of subsection (a)(1) or paragraphs 

12 (1), (2), or (4)(A) of subsection (c) of such section 

13 34. 

14 (d) EXPEDITED OBLIGATION OF FUNDS.—Not later 

15 than 90 days after the date of the enactment of this Act, 

16 the Secretary of Homeland Security shall commence obli17 gation of the funds appropriated by subsection (c) for fis18 cal year 2012 by utilizing the pool of applicants who sub19 mitted applications for fiscal year 2011 grants under sec20 tion 34 of the Federal Fire Prevention and Control Act 

21 of 1974 but did not receive funding under such section 

22 for such fiscal year for hiring and rehiring of additional 

23 firefighters. If the number of such fiscal year 2011 appli24 cants is insufficient to use the entire amount of the addi25 tional funds appropriated for fiscal year 2012, the SecVerDate Mar 15 2010 03:04 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.IH H2914

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1 retary of Homeland Security shall announce an open solic2 itation process for new applications for grants, to be sub3 mitted in accordance with the requirements of such section 

4 34. 

5 TITLE V—HEALTH CARE CORPS 

6 SEC. 501. PURPOSE. 

7 It is the purpose of this title to provide for the cre8 ation of a grant to hire at least 40,000 health care and 

9 long-term care professionals to expand access to care. 

10 SEC. 502. HEALTH CARE AND LONG-TERM CARE PRO11 VIDERS. 

12 Part D of title III of the Public Health Service Act 

13 is amended by inserting after subpart III (42 U.S.C. 254l 

14 et seq.) the following: 

15 ‘‘Subpart IV—Hiring and Retaining Additional 

16 Health Care and Long-Term Care Professionals 

17 ‘‘SEC. 338N. HIRING AND RETAINING ADDITIONAL HEALTH 

18 CARE AND LONG-TERM CARE PROFES19 SIONALS. 

20 ‘‘(a) IN GENERAL.—The Secretary may provide fi21 nancial assistance to health care or long-term care pro22 viders to pay all or part of the costs of hiring and retaining 

23 health care or long-term care professionals in addition to 

24 the professionals who, but for such assistance, would be 

25 hired and retained. 


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1 ‘‘(b) ELIGIBLE ASSISTANCE RECIPIENTS.—Health 

2 care and long-term care providers eligible for assistance 

3 under subsection (a) include the following: 

4 ‘‘(1) A health care or long-term care provider 

5 serving a health professional shortage area des6 ignated under section 332. 

7 ‘‘(2) A Federally qualified health center (as de8 fined in section 1861(aa) of the Social Security Act). 

9 ‘‘(3) A rural health clinic. 

10 ‘‘(4) A health care or long-term care provider 

11 that receives payment under title XVIII of the Social 

12 Security Act or under a State plan or State child 

13 health plan under title XIX or XXI, respectively, of 

14 such Act. 

15 ‘‘(5) A public hospital. 

16 ‘‘(6) A public health agency. 

17 ‘‘(7) A nursing home or long-term care facility. 

18 ‘‘(8) An intermediate care or developmentally 

19 disabled facility. 

20 ‘‘(9) A critical access hospital. 

21 ‘‘(10) A school-based health center. 

22 ‘‘(11) A university or college mental health fa23 cility. 

24 ‘‘(12) An Indian health program or facility op25 erated by an Indian tribe or tribal organization. 


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1 ‘‘(13) A correctional facility. 

2 ‘‘(c) ELIGIBLE HEALTH PROFESSIONALS.—Health 

3 care and long-term care professionals who may be hired 

4 or retained using assistance provided under this section 

5 include the following: 

6 ‘‘(1) Dentists. 

7 ‘‘(2) Certified nurse midwives. 

8 ‘‘(3) Psychologists. 

9 ‘‘(4) Licensed clinical social workers. 

10 ‘‘(5) Licensed professional counselors. 

11 ‘‘(6) Marriage and family therapists. 

12 ‘‘(7) Nurse practitioners, including those spe13 cializing in psychiatry. 

14 ‘‘(8) Nurses, including advanced practice 

15 nurses. 

16 ‘‘(9) Physicians, including osteopathic physi17 cians. 

18 ‘‘(10) Physician assistants, including those spe19 cializing in psychiatry. 

20 ‘‘(11) Psychiatric nurse specialists. 

21 ‘‘(12) Registered dental hygienists. 

22 ‘‘(13) Community health workers. 

23 ‘‘(14) Occupational and physical therapists. 

24 ‘‘(15) Optometrists. 

25 ‘‘(16) Certified nursing assistants. 


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1 ‘‘(17) Direct care workers. 

2 ‘‘(d) APPLICATION PROCESS.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall— 

4 ‘‘(A) not later than 60 days after the date 

5 of the enactment of this section, solicit applica6 tions for financial assistance under this section; 

7 ‘‘(B) require that any such application be 

8 submitted— 

9 ‘‘(i) not later than 90 days after the 

10 date of the enactment of this section; and 

11 ‘‘(ii) in such manner and containing 

12 such information as the Secretary may re13 quire; and 

14 ‘‘(C) not later than 120 days after the date 

15 of the enactment of this section, determine 

16 which such applications will be approved and 

17 provide notice of such determination to the ap18 plicants. 

19 ‘‘(2) COMPLIANCE WITH LABOR AND WORK20 PLACE LAWS.—As a condition on eligibility for fi21 nancial assistance under this section, an application 

22 under paragraph (1) shall demonstrate to the Sec23 retary’s satisfaction that the applicant has a record 

24 of compliance, and is currently in compliance, with 


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1 Federal, State, and local labor and workplace laws, 

2 including Federal, State, and local laws— 

3 ‘‘(A) relevant to hiring and retaining 

4 health care or long-term care professionals, 

5 such as laws— 

6 ‘‘(i) requiring background checks in 

7 connection with hiring; 

8 ‘‘(ii) requiring such professionals to be 

9 licensed or certified; or 

10 ‘‘(iii) limiting the scope of practice; 

11 ‘‘(B) concerning wage and hour, labor rela12 tions, family and medical leave, occupational 

13 safety and health, or living wage standards; or 

14 ‘‘(C) concerning other terms and condi15 tions of employment such as the availability of 

16 sick, vacation, and retirement benefits and the 

17 existence of grievance procedures and labor18 management committees. 

19 ‘‘(e) AUTHORIZATION AND APPROPRIATION OF ADDI20 TIONAL AMOUNTS.—To carry out this section, there are 

21 authorized to be appropriated, and there are hereby appro22 priated to the Department of Health and Human Services, 

23 out of amounts in the Treasury not otherwise appro24 priated, $4,000,000,000 for each of fiscal years 2012 and 

25 2013.’’. 


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1 SEC. 503. SUPPLEMENT, NOT SUPPLANT. 

2 A health care or long-term care provider receiving a 

3 grant under this title shall use such Federal funds only 

4 to supplement and not supplant the amount of funds that 

5 would, in the absence of such Federal funds, be available 

6 for hiring and retaining health care or long-term care pro7 fessionals. 

8 TITLE VI—COMMUNITY CORPS 

9 SEC. 601. PURPOSE. 

10 It is the purpose of this title to provide for the cre11 ation of an additional 750,000 jobs through funding to 

12 States and units of general local government to establish 

13 and administer a Community Corps. 

14 SEC. 602. COMMUNITY CORPS. 

15 (a) FUNDING.—There are authorized to be appro16 priated and there are appropriated out of any money in 

17 the Treasury not otherwise obligated for necessary ex18 penses to the Secretary of Labor, in consultation with the 

19 Secretary of Housing and Urban Development, to provide 

20 to States and units of general local government to estab21 lish and administer a Community Corps, $30,000,000,000 

22 for each of fiscal years 2012 and 2013. 

23 (b) ALLOTMENT FORMULA.— 

24 (1) RESERVATIONS BY THE SECRETARY.—Of 

25 the amount appropriated under subsection (a) for 

26 each fiscal year, the Secretary may reserve— 


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1 (A) not more than 1 percent to administer 

2 this title; 

3 (B) not more than 0.5 percent to award 

4 grants, on a competitive basis, to Indian tribes 

5 for purposes of this title. 

6 (2) MAKING FUNDS AVAILABLE FOR ALLOT7 MENT BY THE SECRETARY.—Of the amounts appro8 priated under subsection (a) and not reserved under 

9 paragraph (1) of this subsection, the Secretary shall 

10 allot the amounts for each fiscal year as follows: 

11 (A) Seventy percent to entitlement commu12 nities, of which the Secretary shall allot— 

13 (i) 25 percent by allotting to each en14 titlement community an amount which 

15 bears the same ratio to the total amount to 

16 be allotted under this clause as the popu17 lation of the entitlement community bears 

18 to the total population of all entitlement 

19 communities; 

20 (ii) 25 percent by allotting each enti21 tlement community an amount which bears 

22 the same ratio to the total amount to be 

23 allotted under this clause as the extent of 

24 poverty in the entitlement community 


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1 bears to the extent of poverty in all entitle2 ment communities; and 

3 (iii) 50 percent by allotting to each 

4 entitlement community in an amount 

5 which bears the same ratio to the total to 

6 be allotted under this clause as the number 

7 of unemployed individuals in the entitle8 ment community bears to the total number 

9 of unemployed individuals in all entitle10 ment communities. 

11 (B) Thirty percent to States, of which the 

12 Secretary shall allot— 

13 (i) 25 percent by allotting to each 

14 State an amount which bears the same 

15 ratio to the total amount to be allotted 

16 under this clause as the population of the 

17 State bears to the total population of all 

18 States; 

19 (ii) 25 percent by allotting to each 

20 State an amount which bears the same 

21 ratio to the total amount to be allotted 

22 under this clause as the extent of poverty 

23 in the State bears to the extent of poverty 

24 in all States; and 


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1 (iii) 50 percent by allotting to each 

2 State an amount which bears the same 

3 ratio to the total amount to be allotted 

4 under this clause as the number of unem5 ployed individuals in the State bears to the 

6 total number of unemployed individuals in 

7 all States. 

8 (3) RESERVATION AND ALLOTMENTS BY

9 STATES.— 

10 (A) RESERVATION.—Of the amount of 

11 funds allotted to a State under paragraph 

12 (2)(B) for each fiscal year, a State may reserve 

13 not more than 50 percent to carry out a State14 wide Community Corps. 

15 (B) ALLOTMENTS BY STATES.—A State 

16 shall provide all of the funds allotted to the 

17 State under paragraph (2)(B) that are not re18 served under subparagraph (A) to units of gen19 eral local government located in nonentitlement 

20 areas of the State to employ individuals under 

21 the Community Corps program, of which the 

22 State shall allot— 

23 (i) 25 percent to each such unit in an 

24 amount which bears the same ratio to the 

25 total amount made available under this 


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1 clause as the population of the unit bears 

2 to the total population of all such units; 

3 (ii) 25 percent to each such unit in an 

4 amount which bears the same ratio to the 

5 total amount made available under this 

6 clause as the extent of poverty in the unit 

7 bears to the extent of poverty in such 

8 units; and 

9 (iii) 50 percent to each such unit in 

10 an amount which bears the same ratio to 

11 the total amount made available under this 

12 clause as the number of unemployed indi13 viduals in the unit bears to the total num14 ber of unemployed individuals in all such 

15 units. 

16 (4) REALLOCATION.—If a State or entitlement 

17 community does not apply for an allotment under 

18 this section for any fiscal year, or if a State’s or en19 titlement community’s application is not approved, 

20 the Secretary shall reallot such amount to the re21 maining States or entitlement in accordance with 

22 paragraph (2). 

23 SEC. 603. APPLICATION. 

24 (a) IN GENERAL.—Each State or entitlement com25 munity desiring to establish a Community Corps under 


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1 this title shall submit an application to the Secretary at 

2 such time, in such manner, and containing such informa3 tion as the Secretary may require. 

4 (b) FISCAL YEAR 2012 REQUIREMENTS.—For fiscal 

5 year 2012— 

6 (1) application requirements shall be released 

7 by Secretary within 30 days of enactment of this 

8 Act; 

9 (2) States and entitlement communities desiring 

10 to receive funds under this title for such fiscal year 

11 shall submit to the Secretary an application within 

12 60 days of the date of enactment of this Act; and 

13 (3) the first allotments under this title shall be 

14 awarded by the Secretary not later than 90 days 

15 after the date of enactment of this Act. 

16 SEC. 604. ACTIVITIES OF THE COMMUNITY CORPS. 

17 (a) CONSULTATION.—A chief executive officer of a 

18 unit of general local government shall consult with the 

19 local community and labor organizations representing em20 ployees of such unit in determining the Community Corps 

21 positions that should be funded under this title for such 

22 unit for each fiscal year. 

23 (b) ACTIVITIES.—Each Community Corps funded 

24 under this title shall employee individuals to carry out 1 

25 or more of the following activities. 


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1 (1) ENERGY AUDITS AND CONSERVATION UP2 GRADES.—Perform energy audits of private homes 

3 and offer to weatherize them and install attic and 

4 crawl-space insulation, low-flow plumbing fixtures, 

5 and low-energy lighting fixtures. Provide home6 owners with objective information concerning the 

7 cost and benefits of more complicated conservation 

8 upgrades the homeowners could contract with pri9 vate firms to install. 

10 (2) RECYCLING AND DEMANUFACTURING.—Col11 lect categories of recyclables that currently are 

12 under-collected (such as electronic components and 

13 household paints and chemicals) and perform initial 

14 demanufacturing work to reclaim reusable materials. 

15 (3) URBAN LAND RECLAMATION AND ADDRESS16 ING BLIGHT.—Address the needs of distressed, fore17 closure-affected, and natural-disaster affected areas. 

18 For vacant or foreclosed buildings, conduct mainte19 nance, board up, or tear down, where appropriate. 

20 Salvage materials for recycling. Reclaim vacant land 

21 in urban areas for use as neighborhood parks and 

22 gardens. Test for the presence of hazardous mate23 rials, undertake necessary clean-up work, construct 

24 park and/or garden facilities, and establish mainte25 nance programs involving the local community. For 


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1 community gardens, operate model plantings to pro2 mote the project, involve local residents in the work, 

3 and provide instruction in urban gardening and 

4 farming. 

5 (4) RURAL CONSERVATION WORK.—In collabo6 ration with activities under the Park Improvement 

7 Corps under title III, perform conservation work. 

8 Repair and upgrade trail systems in parklands. Con9 struct shelters, bathrooms and recreational facilities. 

10 Undertake watercourse cleaning and reclamation 

11 projects. With proper training, conduct emergency 

12 work in cases of floods or wildfires, or other natural 

13 disasters. 

14 (5) PUBLIC PROPERTY MAINTENANCE AND

15 BEAUTIFICATION.—Under the direction of public en16 tities that own public property (including building 

17 interiors and exteriors and landscapes, and including 

18 community centers, playgrounds, and libraries), con19 duct maintenance, beautification, and other improve20 ment projects. Where appropriate, collaborate with 

21 projects funded under title I of this Act (School Im22 provement Corps). 

23 (6) HOUSING REHABILITATION.— 

24 (A) IN GENERAL.—Make improvements in 

25 privately owned rental housing units necessary 


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1 to improve such units so that they comply with 

2 the housing quality standards applicable to 

3 units assisted under section 8(o) of the United 

4 States Housing Act of 1937 (42 U.S.C. 

5 1437f(o)), but only if the owner of the unit en6 ters into an agreement sufficient to ensure that 

7 the owner— 

8 (i) pays the cost of materials used in 

9 the renovation work; and 

10 (ii) charges rent for the unit, during 

11 the 5-year period beginning upon comple12 tion of the rehabilitation pursuant to this 

13 paragraph, in an amount not exceeding the 

14 fair market rental established under sec15 tion 8(c) of such Act for a dwelling unit of 

16 the same size located in the same market 

17 area. 

18 (B) FREE OF CHARGE.—The Community 

19 Corps shall provide all labor required for any 

20 rehabilitation pursuant to this paragraph free 

21 of charge, except in the case of any major re22 pairs that the Corps lacks the capacity to per23 form. 

24 (7) NEW HOUSING CONSTRUCTION.—Construct 

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1 nities or the rehabilitate abandoned properties for 

2 use as residences, using the self-help homeowner 

3 participation model employed by Habitat for Hu4 manity International under which prospective home5 owners contribute a significant amount of sweat eq6 uity in the construction or rehabilitation of the 

7 home. Participating homeowners shall be selected on 

8 the basis of inability to otherwise purchase a home 

9 in the regular housing market and willingness and 

10 capability to assume the responsibilities of homeown11 ership. Construction materials shall be included in 

12 the cost of homeownership, but all construction labor 

13 shall be furnished free of charge by the Community 

14 Corps. 

15 (8) OTHER COMMUNITY IMPROVEMENT ACTIVI16 TIES.—Other community improvement activities as 

17 authorized by the Secretary. 

18 SEC. 605. HIRING AND PREFERENCES. 

19 (a) IN GENERAL.—In hiring individuals for a Com20 munity Corps position under this title, a State or unit of 

21 general local may only employ unemployed individuals, ex22 cept in a case of a position (including a managerial posi23 tion) for which no qualified unemployed individual has ap24 plied. 


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1 (b) PRIORITIES IN RECRUITMENT AND HIRING.—In 

2 recruiting and hiring unemployed individuals for positions 

3 funded under this title, States and units of general local 

4 government shall target recruitment efforts and prioritize 

5 hiring with respect to individuals who are— 

6 (1) unemployed individuals who have exhausted 

7 their entitlement to unemployment compensation; 

8 (2) unemployed veterans of the Armed Forces 

9 and unemployed members of the reserve components 

10 of the Armed Forces; 

11 (3) unemployed individuals, who immediately 

12 before employment in the Community Corps, are eli13 gible for unemployment compensation payable under 

14 any State law or Federal unemployment compensa15 tion law, including any additional compensation or 

16 extended compensation under such laws; 

17 (4) unemployed individuals who are not eligible 

18 to receive unemployment compensation because they 

19 do not have sufficient wages to meet the minimum 

20 qualifications for such compensation; or 

21 (5) unemployed young people, including those 

22 who have not previously been employed. 

23 (c) STATE EMPLOYMENT AGENCIES.—In hiring for 

24 Community Corps positions under this title, a State or 

25 unit of general local government shall utilize, among other 


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1 methods, a State or local employment agencies, such as 

2 a one-stop career center or one-stop partner. 

3 (d) NOTICE.—Each listing for a position for a Com4 munity Corps shall be posted on a State or local employ5 ment web site. 

6 SEC. 606. ADDITIONAL REQUIREMENTS FOR STATES AND 

7 UNITS OF GENERAL LOCAL GOVERNMENT. 

8 (a) ADMINISTRATIVE EXPENSES.—Each State or 

9 unit of general local government receiving an allotment 

10 under section 602 may not use more than 5 percent of 

11 the allotment for administrative purposes. 

12 (b) COMPLIANCE WITH LOCAL LAWS AND CON13 TRACTS.—In hiring individuals for positions funded under 

14 this title, or using administrative funds under this title 

15 to continue to provide employee compensation for existing 

16 employees, a State or unit of general local government 

17 shall comply with all applicable Federal, State, and local 

18 laws, personnel policies and regulations, and collective bar19 gaining agreements, as if such individual were hired, or 

20 such employee compensation was provided, without assist21 ance under this title. 

22 (c) COORDINATION.—To the maximum extent prac23 ticable, each State or unit of general local government re24 ceiving an allotment under section 602, shall— 


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1 (1) integrate education and job skills training, 

2 including basic skills instruction and secondary edu3 cation services; 

4 (2) coordinate to the maximum extent feasible 

5 with pre-apprenticeship and apprenticeship pro6 grams; and 

7 (3) provide jobs in sectors where job growth is 

8 most likely, as determined by the Secretary, and in 

9 which career advancement opportunities exist to 

10 maximize long-term, sustainable employment for in11 dividuals after employment funded under this Act 

12 ends. 

13 (d) SUPPLEMENT, NOT SUPPLANT.—A State or unit 

14 of general local government receiving funding under this 

15 title shall use such Federal funds only to supplement and 

16 not supplant the amount of funds that would, in the ab17 sence of such Federal funds, be available to pay the cost 

18 of employing individuals to perform the types of work au19 thorized under this title. 

20 SEC. 607. EMPLOYMENT STATUS AND COMPENSATION. 

21 (a) EMPLOYEE STATUS.— 

22 (1) IN GENERAL.—An individual hired for a po23 sition funded under this title shall— 


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1 (A) be considered an employee of the State 

2 or unit of general local government by which 

3 such individual was hired; 

4 (B) receive the same employee compensa5 tion, have the same rights (including health in6 surance benefits and paid holidays and vaca7 tions) and responsibilities and job classifica8 tions, and be subject to the same job standards, 

9 employer policies, and collective bargaining 

10 agreements as if such individual was hired with11 out assistance under this title; and 

12 (C) fill a position that offers full-time, full13 year employment. 

14 (2) DEFINITIONS.—For purposes of this sub15 section— 

16 (A) the term ‘‘full-time’’ when used in rela17 tion to employment has the meaning already es18 tablished or, if the meaning has not been estab19 lished, determined to be appropriate for pur20 poses of this title, by the State or unit of gen21 eral local government hiring an individual under 

22 this title; and 

23 (B) the term ‘‘full-year’’ when used in rela24 tion to employment means a position that pro25 vides employment for a 12-month period, except 


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1 that in the case of a position that provides a 

2 service required by a State or unit of general 

3 local government for only the duration of a 

4 school year, the term means a position that pro5 vides employment for such duration. 

6 (b) LIMIT ON NUMBER OF EXECUTIVE, ADMINISTRA7 TIVE, OR PROFESSIONAL POSITIONS.— 

8 (1) UNITS.—Of the total number of positions 

9 funded under this title for a fiscal year for each 

10 State or unit of general local government— 

11 (A) not more than 20 percent shall be in 

12 a bona fide executive, administrative, or profes13 sional capacity; and 

14 (B) at least 80 percent shall not be in a 

15 bona fide executive, administrative, or profes16 sional capacity. 

17 (2) DEFINITIONS.—For purposes of this sub18 section, the terms ‘‘bona fide executive’’, ‘‘bona fide 

19 administrative’’, and ‘‘bona fide professional’’ when 

20 used in relation to capacity shall have the meanings 

21 given such terms under section 13(a)(1) of the Fair 

22 Labor Standards Act of 1938 (29 U.S.C. 

23 213(a)(1)). 

24 (c) TOTAL AMOUNT OF COMPENSATION.—For each 

25 fiscal year for which funds are appropriated to carry out 


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1 this title, each State or unit of general local government 

2 that receives funds under this title for any such fiscal year 

3 shall use such funds to provide an amount equal to the 

4 total amount of employee compensation for individuals 

5 hired under this title. 

6 (d) LIMIT ON PERIOD OF EMPLOYMENT.—Notwith7 standing any agreement or other provision of law (other 

8 than those provisions of law pertaining to civil rights in 

9 employment), a State or unit of general local government 

10 shall not be obligated to employ the individuals hired 

11 under this title or retain the positions filled by such indi12 viduals beyond the period for which the State or unit re13 ceives funding under this title. 

14 SEC. 608. NONDISPLACEMENT OF EXISTING EMPLOYEES. 

15 (a) IN GENERAL.—A State or unit of general local 

16 government may not employ an individual for a position 

17 funded under this title, if— 

18 (1) employing such individual will result in the 

19 layoff or partial displacement (such as a reduction 

20 in hours, wages, or employee benefits) of an existing 

21 employee of the unit; or 

22 (2) such individual will perform the same or 

23 substantially similar work that had previously been 

24 performed by an employee of the unit who— 


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1 (A) has been laid off or partially displaced 

2 (as such term is described in paragraph (1)); 

3 and 

4 (B) has not been offered by the unit, to be 

5 restored to the position the employee had imme6 diately prior to being laid off or partially dis7 placed. 

8 (b) ELIMINATION OF POSITION.—For the purposes 

9 of this subsection, a position shall be considered to have 

10 been eliminated by a State or unit of general local govern11 ment if the position has remained unfilled and the unit 

12 has not sought to fill such position for at least a period 

13 of one month. 

14 (c) PROMOTIONAL OPPORTUNITIES.—An individual 

15 may not be hired for a position funded under this title 

16 in a manner that infringes upon the promotional opportu17 nities of an existing employee (as of the date of such hir18 ing) of a unit receiving funding under this title. 

19 SEC. 609. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOT20 LINE, AND ENFORCEMENT BY THE SEC21 RETARY. 

22 (a) ESTABLISHMENT OF ARBITRATION PROCE23 DURE.— 

24 (1) IN GENERAL.—Each unit of general local 

25 government that is an entitlement community and 


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1 each State that receives funding under this title 

2 shall agree to the arbitration procedure described in 

3 this subsection to resolve disputes described in sub4 sections (b) and (c). 

5 (2) WRITTEN GRIEVANCES.— 

6 (A) IN GENERAL.—If an employee (or an 

7 employee representative) wishes to use the arbi8 tration procedure described in this subsection, 

9 such party shall file a written grievance within 

10 the time period required under subsection (b) or 

11 (c), as applicable, simultaneously with the chief 

12 executive officer of a unit or State involved in 

13 the dispute and the Secretary. 

14 (B) IN-PERSON MEETING.—Not later than 

15 10 days after the date of the filing of the griev16 ance, the chief executive officer (or the designee 

17 of the chief executive officer) shall have an in18 person meeting with the party to resolve the 

19 grievance. 

20 (3) ARBITRATION.— 

21 (A) SUBMISSION.—If the grievance is not 

22 resolved within the time period described in 

23 paragraph (2)(B), a party, by written notice to 

24 the other party involved, may submit such 

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1 fied arbitrator who is jointly selected and inde2 pendent of the parties. 

3 (B) APPOINTMENT BY SECRETARY.—If the 

4 parties cannot agree on an arbitrator within 5 

5 days of submitting the grievance to binding ar6 bitration under subparagraph (A), one of the 

7 parties may submit a request to the Secretary 

8 to appoint a qualified and independent arbi9 trator. The Secretary shall appoint a qualified 

10 and independent arbitrator within 15 days after 

11 receiving the request. 

12 (C) HEARING.—Unless the parties mutu13 ally agree otherwise, the arbitrator shall con14 duct a hearing on the grievance and issue a de15 cision not later than 30 days after the date 

16 such arbitrator is selected or appointed. 

17 (D) COSTS.— 

18 (i) IN GENERAL.—Except as provided 

19 in clause (ii), the cost of an arbitration 

20 proceeding shall be divided evenly between 

21 the parties to the arbitration. 

22 (ii) EXCEPTION.—If a grievant pre23 vails under an arbitration proceeding, the 

24 unit of general local government or State 

25 involved in the dispute shall pay the cost 


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1 of such proceeding, including attorneys’ 

2 fees. 

3 (b) DISPUTES CONCERNING THE ALLOTMENT OF

4 FUNDS.—In the case where a dispute arises as to whether 

5 a unit of general local government that is an entitlement 

6 community or State has improperly requested funds for 

7 services, an employee or employee representative of the 

8 unit or State may file a grievance under subsection (a) 

9 not later than 15 days after public notice of an intent to 

10 submit an application under section 603 is published in 

11 accordance with paragraph (1)(C) of such section. Upon 

12 receiving a copy of the grievance, the Secretary shall with13 hold the funds subject to such grievance, unless and until 

14 the grievance is resolved under subsection (a), by the par15 ties or an arbitrator in favor of providing such funding. 

16 (c) ALL OTHER DISPUTES.— 

17 (1) IN GENERAL.—In the case of a dispute not 

18 covered under subsection (b) concerning compliance 

19 with the requirements of this title by a unit of gen20 eral local government that is an entitlement commu21 nity or State receiving funds under this title, an em22 ployee or employee representative of the unit or 

23 State may file a grievance under subsection (a) not 

24 later than 90 days after the dispute arises. In such 

25 cases, an arbitrator may award such remedies as are 


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1 necessary to make the grievant whole, including the 

2 reinstatement of a displaced employee or the pay3 ment of back wages, and may submit recommenda4 tions to the Secretary to ensure further compliance 

5 with the requirements of this title, including rec6 ommendations to suspend or terminate funding, or 

7 to require the repayment of funds received under 

8 this title during any period of noncompliance. 

9 (2) EXISTING GRIEVANCE PROCEDURES.—A 

10 party to a dispute described in paragraph (1) may 

11 use the existing grievance procedure of a unit or 

12 State involved in such dispute, or the arbitration 

13 procedure described in this subsection, to resolve 

14 such dispute. 

15 (d) PARTY DEFINED.—For purposes of subsections 

16 (a), (b), and (c), the term ‘‘party’’ means an employee, 

17 employee representative, unit of general local government, 

18 or State, involved in a dispute described in subsection (b) 

19 or (c). 

20 (e) WHISTLEBLOWER HOTLINE; ENFORCEMENT BY

21 THE SECRETARY.— 

22 (1) WHISTLEBLOWER HOTLINE.—The Sec23 retary shall post on a publicly accessible Internet 

24 Web site of the Department of Labor the contact in25 formation for reporting noncompliance with this title 


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1 by a State or unit of general local government or in2 dividual receiving funding under this title. 

3 (2) ENFORCEMENT BY THE SECRETARY.— 

4 (A) IN GENERAL.—If the Secretary re5 ceives a complaint alleging noncompliance with 

6 this title, the Secretary may conduct an inves7 tigation and after notice and an opportunity for 

8 a hearing, may order such remedies as the Sec9 retary determines appropriate, including— 

10 (i) withholding further funds under 

11 this title to a noncompliant entity; 

12 (ii) requiring the entity to make an 

13 injured party whole; or 

14 (iii) requiring the entity to repay to 

15 the Secretary any funds received under 

16 this title during any period of noncompli17 ance. 

18 (B) DEFINITION.—For purposes of this 

19 paragraph, the term ‘‘entity’’ means State, unit 

20 of general local government, or individual. 

21 (C) RECOMMENDATION BY AN ARBI22 TRATOR.—A remedy described in subparagraph 

23 (A) may also be ordered by the Secretary upon 

24 recommendation by an arbitrator appointed or 

25 selected under this section. 


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1 SEC. 610. DEFINITIONS. 

2 In this title: 

3 (1) IN GENERAL.—The terms ‘‘city’’; ‘‘extent of 

4 poverty’’; ‘‘metropolitan city’’; ‘‘urban county’’; 

5 ‘‘nonentitlement area’’; ‘‘population’’; and ‘‘State’’ 

6 have the meanings given the terms in section 102 of 

7 the Housing and Community Development Act of 

8 1974 (42 U.S.C. 5302). 

9 (2) BENEFITS.—The term ‘‘benefits’’ has the 

10 meaning given the term ‘‘employment benefits’’ in 

11 section 101 of the Family and Medical Leave Act of 

12 1993 (29 U.S.C. 2611). 

13 (3) EMPLOYEE COMPENSATION.—The term 

14 ‘‘employee compensation’’ includes wages and bene15 fits. 

16 (4) ENTITLEMENT COMMUNITIES.—The term 

17 ‘‘entitlement communities’’ includes metropolitan cit18 ies and urban counties. 

19 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

20 has the meaning given the term in section 4(e) of 

21 the Indian Self-Determination and Education Assist22 ance Act (25 U.S.C. 450b(e)). 

23 (6) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Labor. 

25 (7) UNEMPLOYED INDIVIDUAL.—The term ‘‘un26 employed individual’’ has the meaning given such 


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1 term in section 101 of the Workforce Investment 

2 Act of 1998 (29 U.S.C. 2801). 

3 (8) UNIT OF GENERAL LOCAL GOVERNMENT.— 

4 The term ‘‘unit of general local government’’ means 

5 any city, county, town, township, parish, village, or 

6 other general purpose political subdivision of a 

7 State; Guam, the Northern Mariana Islands, the 

8 Virgin Islands, and American Samoa, or a general 

9 purpose political subdivision thereof; a combination 

10 of such political subdivisions that is recognized by 

11 the Secretary; and the District of Columbia. 

12 (9) VETERAN.—The term ‘‘veteran’’ has the 

13 meaning given such term in section 101 of the 

14 Workforce Investment Act (29 U.S.C. 2801). 

15 (10) WAGE.—The term ‘‘wage’’ has the mean16 ing given such term in section 3 of the Fair Labor 

17 Standards Act of 1938 (29 U.S.C. 203). 

18 TITLE VII—CHILD 

19 DEVELOPMENT CORPS 

20 SEC. 701. PURPOSE. 

21 It is the purpose of this title to provide for the cre22 ation of an additional 100,000 jobs through the Head 

23 Start Act. 


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1 SEC. 702. CHILD DEVELOPMENT CORPS. 

2 (a) AMENDMENTS TO THE HEAD START ACT.—The 

3 Head Start Act (42 U.S.C. 9831 et seq.) is amended— 

4 (1) by inserting after section 639 the following: 

5 ‘‘SEC. 639A. AUTHORIZATION OF APPROPRIATIONS FOR EM6 PLOYING EARLY HEAD START PROFESSIONAL 

7 EMPLOYEES. 

8 ‘‘There is authorized to be appropriated 

9 $3,000,000,000 for each of the fiscal years 2012 and 2013 

10 to carry out section 640A.’’; and 

11 (2) by inserting after section 640 the following: 

12 ‘‘SEC. 640A. EMPLOYMENT OF ADDITIONAL INFANT AND 

13 TODDLER SPECIALISTS. 

14 ‘‘(a) EMPLOYMENT OF ADDITIONAL FULL-TIME IN15 FANT AND TODDLER SPECIALISTS.—Not later than 90 

16 days after the date of the enactment of this Act, the Sec17 retary shall provide funds appropriated under section 

18 639A to Early Head Start programs to pay the cost of 

19 employing additional full-time infant and toddler special20 ists. 

21 ‘‘(b) FUNDS TO SUPPLEMENT NOT SUPPLANT.—An 

22 Early Head Start program that receives funds under sub23 section (a) shall use such funds only to supplement and 

24 not supplant the amount of funds that would, in the ab25 sence of such Federal funds, be available to pay the cost 


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1 of employing additional full-time infant and toddler spe2 cialists.’’. 

3 (b) APPROPRIATION.—There is hereby appropriated 

4 out of any money in the Treasury not otherwise appro5 priated $3,000,000,000 for each of the fiscal years 2012 

6 and 2013 to carry out section 640A of the Head Start 

7 Act. 

8 TITLE VIII—GENERAL 

9 PROVISIONS 

10 SEC. 801. GENERAL REQUIREMENTS FOR ENTITIES RECEIV11 ING FUNDING UNDER THIS ACT. 

12 (a) COMPLIANCE WITH EXISTING LAWS AND CON13 TRACTS.—In hiring individuals for positions funded under 

14 this Act, or using funds under this Act to continue to pro15 vide employee compensation for existing employees, a 

16 State, unit of general local government, community-based 

17 organization, or business shall comply with all applicable 

18 Federal, State, and local laws relating to health, safety, 

19 civil rights, personnel policies and regulations, labor, and 

20 collective bargaining agreements, as if such individual 

21 were hired, or such employee compensation was provided, 

22 without assistance under this Act. 

23 (b) COMPLIANCE WITH FEDERAL CIVIL RIGHTS

24 LAWS.—Federal civil rights laws described in subsection 

25 (a) shall include the following: 


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1 (1) Title VI of the Civil Rights Act of 1964. 

2 (2) Title IX of the Education Amendments of 

3 1972. 

4 (3) Sections 503 and 504 of the Rehabilitation 

5 Act of 1973. 

6 (4) The Age Discrimination Act of 1975. 

7 SEC. 802. REPORTING. 

8 (a) REPORTS TO SECRETARIES.—At the end of fiscal 

9 year 2012 and 2013, each State, unit of general local gov10 ernment, community-based organization, or business, or 

11 other entity that receives assistance under this Act shall 

12 submit to the Secretary that provided such assistance a 

13 report on the number of jobs created and, if applicable, 

14 the projects completed with funding under this Act. 

15 (b) REPORTS TO CONGRESS.—Each Secretary that 

16 receives a report under subsection (a) shall provide such 

17 reports to Congress not later than July 1, 2014. 

18 SEC. 803. HIRING AND PREFERENCES. 

19 (a) IN GENERAL.—In hiring individuals for positions 

20 funded under title I, title V, and title VII, an entity de21 scribed in section 802 receiving funding under this Act 

22 may only employ unemployed individuals, except in a case 

23 of a position (including a managerial position) for which 

24 no qualified unemployed individual has applied. 


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1 (b) PRIORITIES IN RECRUITMENT AND HIRING.—In 

2 recruiting and hiring unemployed individuals for positions 

3 described in subsection, the entity shall target recruitment 

4 efforts and prioritize hiring with respect to individuals who 

5 are— 

6 (1) unemployed individuals who have exhausted 

7 their entitlement to unemployment compensation; 

8 (2) unemployed veterans of the Armed Forces 

9 and unemployed members of the reserve components 

10 of the Armed Forces; 

11 (3) unemployed individuals, who immediately 

12 before employment in the programs described in sub13 paragraph (a), are eligible for unemployment com14 pensation payable under any State law or Federal 

15 unemployment compensation law, including any ad16 ditional compensation or extended compensation 

17 under such laws; 

18 (4) unemployed individuals who are not eligible 

19 to receive unemployment compensation because they 

20 do not have sufficient wages to meet the minimum 

21 qualifications for such compensation; or 

22 (5) in the case of employment under subtitle B 

23 of title I, unemployed young people, including those 

24 who have not previously been employed. 


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1 (c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall supersede the qualification requirements under 

3 titles I through VII or existing law, such as medical licen4 sure where applicable for health corps or certification for 

5 early childhood development workers. 

6 SEC. 804. FLEXIBILITY ON HIRING. 

7 Funding under this Act shall be tied to the job cre8 ated with the funding rather than to the individual award9 ed the job, and entities receiving funding under this Act 

10 are authorized to hire new employees to replace an indi11 vidual that was hired with such funds, but who has left 

12 the position. 

13 SEC. 805. NONDISPLACEMENT. 

14 (a) NONDISPLACEMENT OF EXISTING EMPLOYEES.— 

15 (1) IN GENERAL.—An entity described in sec16 tion 802 that receives funding under this Act may 

17 not employ an individual for a position funded under 

18 this Act, if— 

19 (A) employing such individual will result in 

20 the layoff or partial displacement (such as a re21 duction in hours, wages, or employee benefits) 

22 of an existing employee of the unit or organiza23 tion; or 

24 (B) such individual will perform the same 

25 or substantially similar work that had preVerDate Mar 15 2010 03:04 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H2914.IH H2914

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1 viously been performed by an employee of the 

2 unit or organization who— 

3 (i) has been laid off or partially dis4 placed (as such term is described in sub5 paragraph (A)); and 

6 (ii) has not been offered by the unit 

7 or organization, to be restored to the posi8 tion the employee had immediately prior to 

9 being laid off or partially displaced. 

10 (2) ELIMINATION OF POSITION.—For the pur11 poses of this subsection, a position shall be consid12 ered to have been eliminated by an entity receiving 

13 funding under this Act if the position has remained 

14 unfilled and the unit or organization has not sought 

15 to fill such position for at least a period of one 

16 month. 

17 (3) PROMOTIONAL OPPORTUNITIES.—An indi18 vidual may not be hired for a position funded under 

19 this title in a manner that infringes upon the pro20 motional opportunities of an existing employee (as of 

21 the date of such hiring) of an entity receiving fund22 ing under this Act. 

23 (b) NONDISPLACEMENT OF LOCAL GOVERNMENT

24 SERVICES.—A business or community-based organization 

25 receiving funds under this title may not use such funds 


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1 to provide services or functions that are customarily pro2 vided by a unit of general local government where such 

3 services or functions are provided by the organization. 

4 (c) NONDISPLACEMENT OF LOCAL BUSINESS.— 

5 Where appropriate, any unit of government or community6 based organizations receiving funds under this Act cannot 

7 use those funds to provide services or functions that are 

8 currently provided by a local business. 

9 SEC. 806. EMPLOYMENT STATUS AND COMPENSATION IN 

10 NEW PROGRAMS. 

11 (a) EMPLOYEE STATUS.—An individual hired for a 

12 position funded under title I, title V, or title VI, or section 

13 401 of title IV shall— 

14 (1) be considered an employee of the unit of 

15 general local government, business, or community16 based organization, by which such individual was 

17 hired; and 

18 (2) receive the same employee compensation, 

19 have the same rights and responsibilities and job 

20 classifications, and be subject to the same job stand21 ards, employer policies, and collective bargaining 

22 agreements as if such individual was hired without 

23 assistance under this Act. 

24 (b) TOTAL AMOUNT OF COMPENSATION.—For each 

25 fiscal year for which funds are appropriated to carry out 


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1 this Act, each unit of general local government, each busi2 ness, and each community-based organization that re3 ceives funds under the provisions described in subsection 

4 (a) for any such fiscal year shall use such funds to provide 

5 an amount equal to the total amount of employee com6 pensation for the individuals such the entity hired under 

7 this Act. 

8 (c) LIMIT ON PERIOD OF EMPLOYMENT.—Notwith9 standing any agreement or other provision of law (other 

10 than those provisions of law pertaining to civil rights in 

11 employment), a unit of general local government, business, 

12 or community-based organization shall not be obligated to 

13 employ the individuals hired under this Act or retain the 

14 positions filled by such individuals beyond the period for 

15 which the unit or organization receives funding under the 

16 provisions described in subsection (a). 

17 SEC. 807. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOT18 LINE, AND ENFORCEMENT BY THE SEC19 RETARY. 

20 (a) ESTABLISHMENT OF ARBITRATION PROCE21 DURE.— 

22 (1) IN GENERAL.—Each entity that receives 

23 funding under this Act shall agree to the arbitration 

24 procedure described in this subsection to resolve dis25 putes described in subsections (b) and (c). 


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1 (2) WRITTEN GRIEVANCES.— 

2 (A) IN GENERAL.—If an employee (or an 

3 employee representative) wishes to use the arbi4 tration procedure described in this subsection, 

5 such party shall file a written grievance within 

6 the time period required under subsection (b) or 

7 (c), as applicable, simultaneously with the chief 

8 executive officer of an entity involved in the dis9 pute and the Secretary of Labor. 

10 (B) IN-PERSON MEETING.—Not later than 

11 10 days after the date of the filing of the griev12 ance, the chief executive officer (or the designee 

13 of the chief executive officer) shall have an in14 person meeting with the party to resolve the 

15 grievance. 

16 (3) ARBITRATION.— 

17 (A) SUBMISSION.—If the grievance is not 

18 resolved within the time period described in 

19 paragraph (2)(B), a party, by written notice to 

20 the other party involved, may submit such 

21 grievance to binding arbitration before a quali22 fied arbitrator who is jointly selected and inde23 pendent of the parties. 

24 (B) APPOINTMENT BY SECRETARY.—If the 

25 parties cannot agree on an arbitrator within 5 


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1 days of submitting the grievance to binding ar2 bitration under subparagraph (A), one of the 

3 parties may submit a request to the Secretary 

4 of Labor to appoint a qualified and independent 

5 arbitrator. The Secretary of Labor shall appoint 

6 a qualified and independent arbitrator within 

7 15 days after receiving the request. 

8 (C) HEARING.—Unless the parties mutu9 ally agree otherwise, the arbitrator shall con10 duct a hearing on the grievance and issue a de11 cision not later than 30 days after the date 

12 such arbitrator is selected or appointed. 

13 (D) COSTS.— 

14 (i) IN GENERAL.—Except as provided 

15 in clause (ii), the cost of an arbitration 

16 proceeding shall be divided evenly between 

17 the parties to the arbitration. 

18 (ii) EXCEPTION.—If a grievant pre19 vails under an arbitration proceeding, the 

20 entity involved in the dispute shall pay the 

21 cost of such proceeding, including attor22 neys’ fees. 

23 (b) DISPUTES CONCERNING THE ALLOTMENT OF

24 FUNDS.—In the case where a dispute arises as to whether 

25 an entity has improperly requested funds for services, an 


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1 employee or employee representative of entity may file a 

2 grievance under subsection (a) not later than 15 days 

3 after public notice of an intent to request funds for serv4 ices. Upon receiving a copy of the grievance, the Secretary 

5 of Labor shall withhold the funds subject to such griev6 ance, unless and until the grievance is resolved under sub7 section (a), by the parties or an arbitrator in favor of pro8 viding such funding. 

9 (c) ALL OTHER DISPUTES.— 

10 (1) IN GENERAL.—In the case of a dispute not 

11 covered under subsection (b) concerning compliance 

12 with the requirements of this Act by an entity re13 ceiving funds under this title, an employee or em14 ployee representative of an entity may file a griev15 ance under subsection (a) not later than 90 days 

16 after the dispute arises. In such cases, an arbitrator 

17 may award such remedies as are necessary to make 

18 the grievant whole, including the reinstatement of a 

19 displaced employee or the payment of back wages, 

20 and may submit recommendations to the Secretary 

21 of Labor to ensure further compliance with the re22 quirements of this Act, including recommendations 

23 to suspend or terminate funding, or to require the 

24 repayment of funds received under this title during 

25 any period of noncompliance. 


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1 (2) EXISTING GRIEVANCE PROCEDURES.—A 

2 party to a dispute described in paragraph (1) may 

3 use the existing grievance procedure of an entity in4 volved in such dispute, or the arbitration procedure 

5 described in this subsection, to resolve such dispute. 

6 (d) PARTY DEFINED.—For purposes of subsections 

7 (a), (b), and (c), the term ‘‘party’’ means an employee, 

8 employee representative, or entity involved in a dispute de9 scribed in subsection (b) or (c). 

10 (e) WHISTLEBLOWER HOTLINE; ENFORCEMENT BY

11 THE SECRETARY.— 

12 (1) WHISTLEBLOWER HOTLINE.—The Sec13 retary of Labor shall post on a publicly accessible 

14 Internet Web site of the Department of Labor the 

15 contact information for reporting noncompliance 

16 with this title by a State, unit of general local gov17 ernment, community-based organization, business, or 

18 individual receiving funding under this title. 

19 (2) ENFORCEMENT BY THE SECRETARY.— 

20 (A) IN GENERAL.—If the Secretary of 

21 Labor receives a complaint alleging noncompli22 ance with this Act, the Secretary may conduct 

23 an investigation and after notice and an oppor24 tunity for a hearing, may order such remedies 


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1 as the Secretary of Labor determines appro2 priate, including— 

3 (i) withholding further funds under 

4 this title to a noncompliant entity; 

5 (ii) requiring the entity to make an 

6 injured party whole; or 

7 (iii) requiring the entity to repay to 

8 the Secretary of Labor any funds received 

9 under this title during any period of non10 compliance. 

11 (B) RECOMMENDATION BY AN ARBI12 TRATOR.—A remedy described in subparagraph 

13 (A) may also be ordered by the Secretary of 

14 Labor upon recommendation by an arbitrator 

15 appointed or selected under this section. 

16 SEC. 808. TERMINATION. 

17 Programs and funding authorized under this Act 

18 shall be phased-out over a 90-day period if national unem19 ployment, as measured by the Bureau of Labor Statistics, 

20 falls under 5 percent. Such phase-out shall ensure that— 

21 (1) an individual hired under this Act shall not 

22 be fired prematurely; 

23 (2) projects funded under this Act shall be con24 tinued until completion; and 


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1 (3) an individual hired under this Act may be 

2 replaced when such individual leaves the position for 

3 which the individual was hired. 

Æ 


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