(B) the standard described in section 
128(a) with which the use of the funds com-
plied or, if the use of funds did not comply with 
a standard described in section 128(a), the rea-
son such funds were not able to be used in com-
pliance with such standards and the agency’s 
efforts to use such funds in an environmentally 
sound manner; and 
(C) any demonstrable or expected benefits 
as a result of the project (such as energy sav-
ings, improved indoor environmental quality, 
student and staff health, including the reduc-
tion of the incidence and effects of asthma and 
other respiratory illnesses, and improved cli-
mate for teaching and learning); 
(7) the total number and amount of contracts 
awarded, and the number and amount of contracts 
awarded to local, small, minority, women, and vet-
eran-owned businesses; and 
(8) the total number of jobs created by funding 
under this part by— 
(A) the local educational agency; and 
(B) contractors who performed work for 
the local educational agency under this part. 
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(b) AVAILABILITY OF REPORTS.—A local educational 
agency shall— 
(1) submit the report described in subsection 
(a) to the State educational agency, which shall com-
pile such information and report it annually to the 
Secretary; and 
(2) make the report described in subsection (a) 
publicly available, including on the agency’s Web 
site. 
(c) REPORTS BY SECRETARY.—Not later than March 
31 of each fiscal year, the Secretary shall submit to the 
Committee on Education and the Workforce of the House 
of Representatives and the Committee on Health, Edu-
cation, Labor and Pensions of the Senate, and make avail-
able on the Department of Education’s Web site, a report 
on grants made under this subpart, including the informa-
tion from the reports described in subsection (b)(1). 
SEC. 1050. SPECIAL RULES. 
Notwithstanding any other provision of this subpart, 
none of the funds authorized by this part may be— 
(1) used to employ workers in violation of sec-
tion 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a); or 
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(2) distributed to a local educational agency 
that does not have a policy that requires a criminal 
background check on all employees of the agency. 
SEC. 1051. PROMOTION OF EMPLOYMENT EXPERIENCES. 
The Secretary of Education, in consultation with the 
Secretary of Labor, shall work with recipients of funds 
under this subpart to promote appropriate opportunities 
to gain employment experience working on modernization, 
renovation, repair, maintenance, and construction projects 
funded under this subpart for— 
(1) participants in a YouthBuild program (as 
defined in section 173A of the Workforce Investment 
Act of 1998 (29 U.S.C. 2918a)); 
(2) individuals enrolled in the Job Corps pro-
gram carried out under subtitle C of title I of the 
Workforce Investment Act of 1998 (29 U.S.C. 2881 
et seq.); 
(3) individuals enrolled in a junior or commu-
nity college (as defined in section 312(f) of the 
Higher Education Act of 1965 (20 U.S.C. 1088(f))) 
certificate or degree program relating to projects de-
scribed in section 128(a); and 
(4) participants in preapprenticeship programs 
that have direct linkages with apprenticeship pro-
grams that are registered with the Department of 
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Labor or a State Apprenticeship Agency under the 
National Apprenticeship Act of 1937 (29 U.S.C. 50 
et seq.). 
SEC. 1052. AVAILABILITY OF FUNDS. 
(a) AUTHORIZATION
AND APPROPRIATION.—There 
are authorized to be appropriated, and there are appro-
priated, for each of fiscal years 2012 and 2013— 
(1) to carry out subpart A (in addition to any 
other amounts appropriated to carry out such title 
and out of any money in the Treasury not otherwise 
appropriated), $40,000,000,000; and 
(2) to carry out subpart B (in addition to any 
other amounts appropriated to carry out such title 
and out of any money in the Treasury not otherwise 
appropriated), $10,000,000,000. 
(b) PROHIBITION ON EARMARKS.—None of the funds 
appropriated under this section may be used for a Con-
gressional earmark as defined in clause 9(d) of rule XXI 
of the Rules of the House of Representatives for the 112th 
Congress. 
(c) SUNSET.—The authority to award grants under 
this part shall expire at the end of fiscal year 2013. 
SEC. 1053. ALTERNATE DISTRIBUTION OF FUNDS. 
If, within 30 days after the date of the enactment 
of this Act, a local educational agency has submitted to 
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the Secretary a certification that they are refusing funds 
they are eligible to receive under this part, the Secretary 
shall provide for funds allocated to that local educational 
agency to be distributed to another entity or other entities 
in the State, under such terms and conditions as the Sec-
retary may establish, provided that all terms and condi-
tions that apply to funds appropriated under this section 
shall apply to such funds distributed to such entity or enti-
ties. 
PART 2—STUDENT JOBS CORPS 
SEC. 1061. STUDENT JOBS CORPS. 
(a) PURPOSE.—It is the purpose of this section to 
provide for an additional 250,000 part-time work-study 
jobs through the Federal Work-Study Program under part 
C of title IV of the Higher Education Act of 1965 (20 
U.S.C. 2751 et seq.). 
(b) APPROPRIATION
OF ADDITIONAL AMOUNTS.— 
There are authorized to be appropriated, and there are 
hereby appropriated, out of amounts in the Treasury not 
otherwise appropriated, to the Secretary of Education 
$425,000,000 for each of the fiscal years 2012 and 2013 
for grants to institutions of higher education under part 
C of title IV of the Higher Education Act of 1965 (20 
U.S.C. 2751 et seq.) for payments to students partici-
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pating in work-study programs in accordance with such 
part. 
(c) RELATION TO OTHER FUNDS.—Amounts appro-
priated by subsection (b) are in addition to amounts ap-
propriated pursuant to the authorization of appropriations 
in section 441(b) of the Higher Education Act of 1965 
(20 U.S.C. 2751(b)) and amounts otherwise made avail-
able by any other Act for the Federal Work-Study pro-
gram under part C of such Act of 1965. 
(d) MATCHING FUNDS NOT REQUIRED.—Notwith-
standing section 443(b)(5) of the Higher Education Act 
of 1965 (20 U.S.C. 2753(b)(5)) or an agreement made 
pursuant to such section 443, an institution of higher edu-
cation shall not be required to provide matching funds for 
any funds made available to the institution by this section. 
PART 3—PUBLIC LANDS CORPS AND CIVILIAN 
CONSERVATION CORPS 
SEC. 1071. APPROPRIATION OF ADDITIONAL FUNDS FOR 
EXISTING PUBLIC LANDS CORPS. 
(a) PURPOSE.—It is the purpose of this section to 
provide for the creation of an additional 100,000 positions 
in the Public Lands Corps established under section 204 
of the Public Lands Corps Act of 1993 (16 U.S.C. 1723). 
(b) AUTHORIZATION AND APPROPRIATION OF ADDI-
TIONAL FUNDS.— 
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taries shall announce an open solicitation process for new 
applications for assistance. 
(e) WAIVER OF COST-SHARING REQUIREMENTS.— 
The cost-sharing requirements of sections 206(b) and 210 
of the Public Lands Corps Act of 1993 (16 U.S.C. 1725, 
1730) shall not apply with respect to the expenditure of 
amounts appropriated by subsection (b). 
SEC. 1072. ESTABLISHMENT AND OPERATION OF NEW CI-
VILIAN CONSERVATION CORPS. 
(a) ESTABLISHMENT AND PURPOSE.—The President 
may establish and operate a Civilian Conservation Corps 
to employ citizens of the United States in the construction, 
maintenance, and carrying on of additional works of a 
public nature in connection with— 
(1) the forestation of lands belonging to the 
United States or a State; 
(2) the prevention of forest fires, floods, and 
soil erosion; 
(3) plant pest and disease control; 
(4) the construction, maintenance, or repair of 
paths, trails, and fire-lanes in units of the National 
Park System, public lands, and other lands under 
the jurisdiction of the Secretary of the Interior and 
units of the National Forest System; and 
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(5) such other work on Federal or State land 
incidental to or necessary in connection with any 
projects of the character enumerated in paragraphs 
(1) through (4) that the President determines to be 
desirable. 
(b) ROLE OF FEDERAL AGENCIES.—To operate the 
Civilian Conservation Corps, the President may utilize ex-
isting Federal departments and agencies, including the 
Department of Labor, the Department of Defense, the 
National Guard Bureau, the Department of Interior, the 
Department of Agriculture, the Army Corps of Engineers, 
the Department of Transportation, the Department of En-
ergy, the Environmental Protection Agency, and Federal 
governmental corporations. 
(c) CONTRACT AUTHORITY.—For the purpose of car-
rying out the Civilian Conservation Corps, the President 
may enter into such contracts or agreements with States 
as may be necessary, including provisions for utilization 
of existing State administrative agencies. 
(d) ACQUISITION OF REAL PROPERTY.—The Presi-
dent, or the head of any department or agency authorized 
by the President to construct any project or to carry on 
any public works through the Civilian Conservation Corps, 
may acquire real property for such project or public work 
by purchase, donation, condemnation, or otherwise. 
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(e) EMPLOYMENT PREFERENCE.—If amounts appro-
priated to carry out a Civilian Conservation Corps for a 
fiscal year will be insufficient to employ all of the citizens 
of the United States who are seeking or likely to seek em-
ployment in the Civilian Conservation Corps, while also 
continuing the employment of current employees who de-
sire to remain in the Civilian Conservation Corps, the 
President shall employ additional persons in the Civilian 
Conservation Corps in the following order of preference: 
(1) Unemployed veterans of the Armed Forces 
and unemployed members of the reserve components 
of the Armed Forces. 
(2) Unemployed citizens who have exhausted 
their entitlement to unemployment compensation. 
(3) Unemployed citizens, who immediately be-
fore employment in the Civilian Conservation Corps, 
are eligible for unemployment compensation payable 
under any State law or Federal unemployment com-
pensation law, including any additional compensa-
tion or extended compensation under such laws. 
(4) Other interested citizens. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the 
President $16,000,000,000 for each of fiscal years 
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2012 through 2015 to establish and operate a Civil-
ian Conservation Corps. 
(2) USE
OF
UNOBLIGATED
FUNDS
APPRO-
PRIATED FOR PUBLIC WORKS.— 
(A) USE OF EXISTING FUNDS.—The Presi-
dent may use any moneys previously appro-
priated for public works and unobligated as of 
the date of the enactment of this Act to estab-
lish and operate a Civilian Conservation Corps. 
(B) USE TO RELIEVE UNEMPLOYMENT.— 
Not less than 80 percent of the funds utilized 
pursuant to subparagraph (A) must be used to 
provide for the employment of individuals in the 
Civilian Conservation Corps. 
(C) EXCEPTIONS.—Subparagraph (A) does 
not apply to— 
(i) unobligated moneys appropriated 
for public works on which actual construc-
tion has been commenced as of the date of 
the enactment of this Act or may be com-
menced within 90 days after that date; and 
(ii) maintenance funds for river and 
harbor improvements already allocated as 
of the date of the enactment of this Act. 
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(3) DURATION OF AVAILABILITY.—Amounts ap-
propriated pursuant to the authorization of appro-
priations in paragraph (1) or made available under 
paragraph (2) shall remain available until expended. 
PART 4—NEIGHBORHOOD HEROES CORPS 
SEC. 1081. TEACHER CORPS. 
(a) PURPOSE.—It is the purpose of this section to 
provide for the retention, rehiring, and hiring of 300,000 
education jobs. 
(b) AUTHORIZATION
AND APPROPRIATION.—There 
are authorized to be appropriated and there are appro-
priated out of any money in the Treasury not otherwise 
obligated for necessary expenses for a Teacher Corps, 
$20,000,000,000 for each of fiscal years 2012 and 2013: 
Provided, That the amount under this section shall be ad-
ministered under the terms and conditions of sections 
14001 through 14013 and title XV of division A of the 
American Recovery and Reinvestment Act of 2009 (Public 
Law 111–5) except as follows: 
(1) ALLOCATION OF FUNDS.— 
(A) Funds appropriated under this section 
shall be available only for allocation by the Sec-
retary of Education (in this section referred to 
as the Secretary) in accordance with sub-
sections (a), (b), (d), (e), and (f) of section 
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14001 of division A of Public Law 111–5 and 
subparagraph (B) of this paragraph, except 
that the amount reserved under such subsection 
(b) shall not exceed $4,000,000 and such sub-
section (f) shall be applied by substituting one 
year for two years. 
(B) Prior to allocating funds to States 
under section 14001(d) of division A of Public 
Law 111–5, the Secretary shall allocate 0.5 
percent to the Secretary of the Interior for 
schools operated or funded by the Bureau of In-
dian Affairs on the basis of the schools’ respec-
tive needs for activities consistent with this sec-
tion under such terms and conditions as the 
Secretary of the Interior may determine. 
(2) RESERVATION.—A State that receives an 
allocation of funds appropriated under this section 
may reserve not more than 1 percent for the admin-
istrative costs of carrying out its responsibilities with 
respect to those funds. 
(3) AWARDS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.— 
(A) Except as specified in paragraph (2), 
an allocation of funds to a State shall be used 
only for awards to local educational agencies for 
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the support of elementary and secondary edu-
cation in accordance with paragraph (5) for the 
2011–2012 and 2012–2013 school years. 
(B) Funds used to support elementary and 
secondary 
education 
shall 
be 
distributed 
through a State’s primary elementary and sec-
ondary funding formulae or based on local edu-
cational agencies’ relative shares of funds under 
part A of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311 
et seq.) for the most recent fiscal year for which 
data are available. 
(C) Subsections (a) and (b) of section 
14002 of division A of Public Law 111–5 shall 
not apply to funds appropriated under this sec-
tion. 
(4) COMPLIANCE WITH EDUCATION REFORM AS-
SURANCES.—For purposes of awarding funds appro-
priated under this section, any State that has an ap-
proved application for Phase II of the State Fiscal 
Stabilization Fund that was submitted in accordance 
with the application notice published in the Federal 
Register on November 17, 2009 (74 Fed. Reg. 
59142) shall be deemed to be in compliance with 
subsection (b) and paragraphs (2) through (5) of 
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subsection (d) of section 14005 of division A of Pub-
lic Law 111–5. 
(5) REQUIREMENT TO USE FUNDS TO RETAIN 
OR
CREATE
EDUCATION
JOBS.—Notwithstanding 
section 14003(a) of division A of Public Law 111– 
5, funds awarded to local educational agencies under 
paragraph (3)— 
(A) may be used only for compensation 
and benefits and other expenses, such as sup-
port services, necessary to retain existing em-
ployees, to recall or rehire former employees, 
and to hire new employees, in order to provide 
early childhood, elementary, or secondary edu-
cational and related services; and 
(B) may not use more than 1 percent of 
such grant funds for administrative costs. 
(6) PROHIBITION
ON
USE
OF
FUNDS
FOR 
RAINY-DAY FUNDS OR DEBT RETIREMENT.—A State 
that receives an allocation may not use such funds, 
directly or indirectly, to— 
(A) establish, restore, or supplement a 
rainy-day fund; 
(B) supplant State funds in a manner that 
has the effect of establishing, restoring, or 
supplementing a rainy-day fund; 
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(C) reduce or retire debt obligations in-
curred by the State; or 
(D) supplant State funds in a manner that 
has the effect of reducing or retiring debt obli-
gations incurred by the State. 
(7) SUPPLEMENT, 
NOT
SUPPLANT.—Funds 
made available under this section shall be used to 
supplement, not supplant, the amount of funds that 
would, in the absence of the Federal funds made 
available under this section, be made available from 
local, State, and Federal sources to provide com-
pensation and other expenses such as support serv-
ices, necessary to retain existing employees, to recall 
or rehire former employees, and to hire new employ-
ees, in order to provide early childhood, elementary, 
or secondary educational and related services. 
(8) DEADLINE
FOR
AWARD.—The Secretary 
shall award funds appropriated under this section 
not later than 45 days after the date of the enact-
ment of this Act to States that have submitted ap-
plications meeting the requirements applicable to 
funds under this section. The Secretary shall not re-
quire information in applications beyond what is 
necessary to determine compliance with applicable 
provisions of law. 
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(9) ALTERNATE DISTRIBUTION OF FUNDS.—If, 
within 30 days after the date of the enactment of 
this Act, a Governor has not submitted an approv-
able application, the Secretary shall provide for 
funds allocated to that State to be distributed to an-
other entity or other entities in the State (notwith-
standing section 14001(e) of division A of Public 
Law 111–5) for support of elementary and sec-
ondary education, under such terms and conditions 
as the Secretary may establish, provided that all 
terms and conditions that apply to funds appro-
priated under this section shall apply to such funds 
distributed to such entity or entities. No distribution 
shall be made to a State under this paragraph, how-
ever, unless the Secretary has determined (on the 
basis of such information as may be available) that 
the requirements of paragraph (11) are likely to be 
met, notwithstanding the lack of an application from 
the Governor of that State. 
(10) LOCAL
EDUCATIONAL
AGENCY
APPLICA-
TION.—Section 442 of the General Education Provi-
sions Act shall not apply to a local educational agen-
cy that has previously submitted an application to 
the State under title XIV of division A of Public 
Law 111–5. The assurances provided under that ap-
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plication shall continue to apply to funds awarded 
under this section. 
(11) MAINTENANCE OF EFFORT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), a local educational agency may re-
ceive a grant under this part for any fiscal year 
only if either the combined fiscal effort per stu-
dent or the aggregate expenditures of the agen-
cy and the State involved with respect to the 
provision of free public education by the agency 
for the preceding fiscal year was not less than 
90 percent of the combined fiscal effort or ag-
gregate expenditures for the second preceding 
fiscal year. 
(B) WAIVER.—The Secretary shall waive 
the requirements of this section if the Secretary 
determines that a waiver would be equitable due 
to— 
(i) exceptional or uncontrollable cir-
cumstances, such as a natural disaster; or 
(ii) a precipitous decline in the finan-
cial resources of the local educational agen-
cy. 
(C) ARRA PROVISION NOT APPLICABLE.— 
Section 
14005(d)(1) 
and 
subsections 
(a) 
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through (c) of section 14012 of division A of 
Public Law 111–5 shall not apply to funds ap-
propriated under this section. 
SEC. 1082. APPROPRIATION OF ADDITIONAL FUNDS FOR 
COMMUNITY ORIENTED POLICING SERVICES. 
(a) PURPOSE.—It is the purpose of this section to 
provide for the hiring and rehiring of an additional 40,000 
State, local, and tribal career law enforcement officers 
through the Community Oriented Policing Services pro-
gram under part Q of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.). 
(b) AUTHORIZATION AND APPROPRIATION OF ADDI-
TIONAL AMOUNTS.—There are authorized to be appro-
priated, and there are hereby appropriated, out of 
amounts in the Treasury not otherwise appropriated, to 
the Attorney General $5,000,000,000 for each of the fiscal 
years 2012 and 2013 for grants under section 1701(b)(1) 
and (2) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd(b)(1) and (2)) for 
hiring and rehiring of additional career law enforcement 
officers under part Q of such title, notwithstanding sub-
section (i) of such section. 
(c) RELATION
TO OTHER FUNDS
FOR COPS.— 
Amounts appropriated by subsection (b) are in addition 
to amounts appropriated pursuant to the authorization of 
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appropriations in section 1001(a)(11) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(11)) and amounts otherwise made available for 
grants under section 1701 of such Act (42 U.S.C. 3796dd) 
by any other Act. 
(d) EXPEDITED OBLIGATION OF FUNDS.—Not later 
than 90 days after the date of the enactment of this Act, 
the Attorney General shall commence obligation of the 
funds appropriated by subsection (b) for fiscal year 2012 
by utilizing the pool of applicants who submitted applica-
tions for fiscal year 2011 grants under part Q of title I 
of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796dd et seq.) but did not receive fund-
ing under such part for such fiscal year for hiring and 
rehiring of additional career law enforcement officers. If 
the number of such fiscal year 2011 applicants is insuffi-
cient to use the entire amount of the additional funds ap-
propriated for fiscal year 2012, the Attorney General shall 
announce an open solicitation process for new applications 
for grants, to be submitted in accordance with the require-
ments of section 1702 of such Act (42 U.S.C. 3796dd– 
1). 
(e) WAIVER OF CERTAIN REQUIREMENTS.—Notwith-
standing any other provision of law, subsection (g) of sec-
tion 1701 of the Omnibus Crime Control and Safe Streets 
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Act of 1968 (42 U.S.C. 3796dd(g)) and subsection (c) of 
section 1704 of such Act (42 U.S.C. 3796dd–3(c)) shall 
not apply with respect to grants awarded using any funds 
made available under this section. 
SEC. 1083. FIREFIGHTERS CORPS. 
(a) PURPOSE.—It is the purpose of this section to 
provide for the hiring and rehiring of an additional 12,000 
firefighters through section 34 of the Federal Fire Preven-
tion and Control Act of 1974 (15 U.S.C. 2229a). 
(b) AMENDMENT AUTHORIZING FUNDS.—Section 
34(i) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229a(i)) is amended— 
(1) in paragraph (6) by striking ‘‘and’’; 
(2) in paragraph (7) by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(8) $1,200,000,000 for fiscal year 2012; and 
‘‘(9) $1,200,000,000 for fiscal year 2013.’’. 
(c) APPROPRIATION.— 
(1) IN
GENERAL.—There is hereby appro-
priated out of any money in the Treasury not other-
wise appropriated $1,200,000,000 for each of the 
fiscal years 2012 and 2013 to carry out section 34 
of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229a). 
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(2) LIMITATION.—None of the funds made 
available under paragraph (1) of this subsection may 
be used to enforce the requirements of subpara-
graphs (A), (B), or (E) of subsection (a)(1) or para-
graphs (1), (2), or (4)(A) of subsection (c) of such 
section 34. 
(d) EXPEDITED OBLIGATION OF FUNDS.—Not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall commence obli-
gation of the funds appropriated by subsection (c) for fis-
cal year 2012 by utilizing the pool of applicants who sub-
mitted applications for fiscal year 2011 grants under sec-
tion 34 of the Federal Fire Prevention and Control Act 
of 1974 but did not receive funding under such section 
for such fiscal year for hiring and rehiring of additional 
firefighters. If the number of such fiscal year 2011 appli-
cants is insufficient to use the entire amount of the addi-
tional funds appropriated for fiscal year 2012, the Sec-
retary of Homeland Security shall announce an open solic-
itation process for new applications for grants, to be sub-
mitted in accordance with the requirements of such section 
34. 
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PART 5—HEALTH CARE CORPS 
SEC. 1091. PURPOSE. 
It is the purpose of this part to provide for the cre-
ation of a grant to hire at least 40,000 health care and 
long-term care professionals to expand access to care. 
SEC. 1092. HEALTH CARE AND LONG-TERM CARE PRO-
VIDERS. 
Part D of title III of the Public Health Service Act 
is amended by inserting after subpart III (42 U.S.C. 254l 
et seq.) the following: 
‘‘Subpart IV—Hiring and Retaining Additional 
Health Care and Long-Term Care Professionals 
‘‘SEC. 338N. HIRING AND RETAINING ADDITIONAL HEALTH 
CARE 
AND 
LONG-TERM 
CARE 
PROFES-
SIONALS. 
‘‘(a) IN GENERAL.—The Secretary may provide fi-
nancial assistance to health care or long-term care pro-
viders to pay all or part of the costs of hiring and retaining 
health care or long-term care professionals in addition to 
the professionals who, but for such assistance, would be 
hired and retained. 
‘‘(b) ELIGIBLE ASSISTANCE RECIPIENTS.—Health 
care and long-term care providers eligible for assistance 
under subsection (a) include the following: 
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‘‘(1) A health care or long-term care provider 
serving a health professional shortage area des-
ignated under section 332. 
‘‘(2) A Federally qualified health center (as de-
fined in section 1861(aa) of the Social Security Act). 
‘‘(3) A rural health clinic. 
‘‘(4) A health care or long-term care provider 
that receives payment under title XVIII of the Social 
Security Act or under a State plan or State child 
health plan under title XIX or XXI, respectively, of 
such Act. 
‘‘(5) A public hospital. 
‘‘(6) A public health agency. 
‘‘(7) A nursing home or long-term care facility. 
‘‘(8) An intermediate care or developmentally 
disabled facility. 
‘‘(9) A critical access hospital. 
‘‘(10) A school-based health center. 
‘‘(11) A university or college mental health fa-
cility. 
‘‘(12) An Indian health program or facility op-
erated by an Indian tribe or tribal organization. 
‘‘(13) A correctional facility. 
‘‘(c) ELIGIBLE HEALTH PROFESSIONALS.—Health 
care and long-term care professionals who may be hired 
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or retained using assistance provided under this section 
include the following: 
‘‘(1) Dentists. 
‘‘(2) Certified nurse midwives. 
‘‘(3) Psychologists. 
‘‘(4) Licensed clinical social workers. 
‘‘(5) Licensed professional counselors. 
‘‘(6) Marriage and family therapists. 
‘‘(7) Nurse practitioners, including those spe-
cializing in psychiatry. 
‘‘(8) 
Nurses, 
including 
advanced 
practice 
nurses. 
‘‘(9) Physicians, including osteopathic physi-
cians. 
‘‘(10) Physician assistants, including those spe-
cializing in psychiatry. 
‘‘(11) Psychiatric nurse specialists. 
‘‘(12) Registered dental hygienists. 
‘‘(13) Community health workers. 
‘‘(14) Occupational and physical therapists. 
‘‘(15) Optometrists. 
‘‘(16) Certified nursing assistants. 
‘‘(17) Direct care workers. 
‘‘(d) APPLICATION PROCESS.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
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‘‘(A) relevant to hiring and retaining 
health care or long-term care professionals, 
such as laws— 
‘‘(i) requiring background checks in 
connection with hiring; 
‘‘(ii) requiring such professionals to be 
licensed or certified; or 
‘‘(iii) limiting the scope of practice; 
‘‘(B) concerning wage and hour, labor rela-
tions, family and medical leave, occupational 
safety and health, or living wage standards; or 
‘‘(C) concerning other terms and condi-
tions of employment such as the availability of 
sick, vacation, and retirement benefits and the 
existence of grievance procedures and labor- 
management committees. 
‘‘(e) AUTHORIZATION AND APPROPRIATION OF ADDI-
TIONAL AMOUNTS.—To carry out this section, there are 
authorized to be appropriated, and there are hereby appro-
priated to the Department of Health and Human Services, 
out of amounts in the Treasury not otherwise appro-
priated, $4,000,000,000 for each of fiscal years 2012 and 
2013.’’. 
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SEC. 1093. SUPPLEMENT, NOT SUPPLANT. 
A health care or long-term care provider receiving a 
grant under this part shall use such Federal funds only 
to supplement and not supplant the amount of funds that 
would, in the absence of such Federal funds, be available 
for hiring and retaining health care or long-term care pro-
fessionals. 
PART 6—COMMUNITY CORPS 
SEC. 1101. PURPOSE. 
It is the purpose of this part to provide for the cre-
ation of an additional 750,000 jobs through funding to 
States and units of general local government to establish 
and administer a Community Corps. 
SEC. 1102. COMMUNITY CORPS. 
(a) FUNDING.—There are authorized to be appro-
priated and there are appropriated out of any money in 
the Treasury not otherwise obligated for necessary ex-
penses to the Secretary of Labor, in consultation with the 
Secretary of Housing and Urban Development, to provide 
to States and units of general local government to estab-
lish and administer a Community Corps, $30,000,000,000 
for each of fiscal years 2012 and 2013. 
(b) ALLOTMENT FORMULA.— 
(1) RESERVATIONS
BY
THE
SECRETARY.—Of 
the amount appropriated under subsection (a) for 
each fiscal year, the Secretary may reserve— 
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(A) not more than 1 percent to administer 
this part; 
(B) not more than 0.5 percent to award 
grants, on a competitive basis, to Indian tribes 
for purposes of this part. 
(2) MAKING
FUNDS
AVAILABLE
FOR
ALLOT-
MENT BY THE SECRETARY.—Of the amounts appro-
priated under subsection (a) and not reserved under 
paragraph (1) of this subsection, the Secretary shall 
allot the amounts for each fiscal year as follows: 
(A) Seventy percent to entitlement commu-
nities, of which the Secretary shall allot— 
(i) 25 percent by allotting to each en-
titlement community an amount which 
bears the same ratio to the total amount to 
be allotted under this clause as the popu-
lation of the entitlement community bears 
to the total population of all entitlement 
communities; 
(ii) 25 percent by allotting each enti-
tlement community an amount which bears 
the same ratio to the total amount to be 
allotted under this clause as the extent of 
poverty in the entitlement community 
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bears to the extent of poverty in all entitle-
ment communities; and 
(iii) 50 percent by allotting to each 
entitlement community in an amount 
which bears the same ratio to the total to 
be allotted under this clause as the number 
of unemployed individuals in the entitle-
ment community bears to the total number 
of unemployed individuals in all entitle-
ment communities. 
(B) Thirty percent to States, of which the 
Secretary shall allot— 
(i) 25 percent by allotting to each 
State an amount which bears the same 
ratio to the total amount to be allotted 
under this clause as the population of the 
State bears to the total population of all 
States; 
(ii) 25 percent by allotting to each 
State an amount which bears the same 
ratio to the total amount to be allotted 
under this clause as the extent of poverty 
in the State bears to the extent of poverty 
in all States; and 
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(iii) 50 percent by allotting to each 
State an amount which bears the same 
ratio to the total amount to be allotted 
under this clause as the number of unem-
ployed individuals in the State bears to the 
total number of unemployed individuals in 
all States. 
(3) 
RESERVATION
AND
ALLOTMENTS
BY 
STATES.— 
(A) RESERVATION.—Of the amount of 
funds allotted to a State under paragraph 
(2)(B) for each fiscal year, a State may reserve 
not more than 50 percent to carry out a State- 
wide Community Corps. 
(B) ALLOTMENTS
BY
STATES.—A State 
shall provide all of the funds allotted to the 
State under paragraph (2)(B) that are not re-
served under subparagraph (A) to units of gen-
eral local government located in nonentitlement 
areas of the State to employ individuals under 
the Community Corps program, of which the 
State shall allot— 
(i) 25 percent to each such unit in an 
amount which bears the same ratio to the 
total amount made available under this 
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clause as the population of the unit bears 
to the total population of all such units; 
(ii) 25 percent to each such unit in an 
amount which bears the same ratio to the 
total amount made available under this 
clause as the extent of poverty in the unit 
bears to the extent of poverty in such 
units; and 
(iii) 50 percent to each such unit in 
an amount which bears the same ratio to 
the total amount made available under this 
clause as the number of unemployed indi-
viduals in the unit bears to the total num-
ber of unemployed individuals in all such 
units. 
(4) REALLOCATION.—If a State or entitlement 
community does not apply for an allotment under 
this section for any fiscal year, or if a State’s or en-
titlement community’s application is not approved, 
the Secretary shall reallot such amount to the re-
maining States or entitlement in accordance with 
paragraph (2). 
SEC. 1103. APPLICATION. 
(a) IN GENERAL.—Each State or entitlement com-
munity desiring to establish a Community Corps under 
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this part shall submit an application to the Secretary at 
such time, in such manner, and containing such informa-
tion as the Secretary may require. 
(b) FISCAL YEAR 2012 REQUIREMENTS.—For fiscal 
year 2012— 
(1) application requirements shall be released 
by Secretary within 30 days of enactment of this 
Act; 
(2) States and entitlement communities desiring 
to receive funds under this part for such fiscal year 
shall submit to the Secretary an application within 
60 days of the date of enactment of this Act; and 
(3) the first allotments under this part shall be 
awarded by the Secretary not later than 90 days 
after the date of enactment of this Act. 
SEC. 1104. ACTIVITIES OF THE COMMUNITY CORPS. 
(a) CONSULTATION.—A chief executive officer of a 
unit of general local government shall consult with the 
local community and labor organizations representing em-
ployees of such unit in determining the Community Corps 
positions that should be funded under this part for such 
unit for each fiscal year. 
(b) ACTIVITIES.—Each Community Corps funded 
under this part shall employee individuals to carry out 1 
or more of the following activities. 
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(1) ENERGY AUDITS AND CONSERVATION UP-
GRADES.—Perform energy audits of private homes 
and offer to weatherize them and install attic and 
crawl-space insulation, low-flow plumbing fixtures, 
and low-energy lighting fixtures. Provide home-
owners with objective information concerning the 
cost and benefits of more complicated conservation 
upgrades the homeowners could contract with pri-
vate firms to install. 
(2) RECYCLING AND DEMANUFACTURING.—Col-
lect categories of recyclables that currently are 
under-collected (such as electronic components and 
household paints and chemicals) and perform initial 
demanufacturing work to reclaim reusable materials. 
(3) URBAN LAND RECLAMATION AND ADDRESS-
ING BLIGHT.—Address the needs of distressed, fore-
closure-affected, and natural-disaster affected areas. 
For vacant or foreclosed buildings, conduct mainte-
nance, board up, or tear down, where appropriate. 
Salvage materials for recycling. Reclaim vacant land 
in urban areas for use as neighborhood parks and 
gardens. Test for the presence of hazardous mate-
rials, undertake necessary clean-up work, construct 
park and/or garden facilities, and establish mainte-
nance programs involving the local community. For 
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community gardens, operate model plantings to pro-
mote the project, involve local residents in the work, 
and provide instruction in urban gardening and 
farming. 
(4) RURAL CONSERVATION WORK.—In collabo-
ration with activities under the Park Improvement 
Corps under title III, perform conservation work. 
Repair and upgrade trail systems in parklands. Con-
struct shelters, bathrooms and recreational facilities. 
Undertake watercourse cleaning and reclamation 
projects. With proper training, conduct emergency 
work in cases of floods or wildfires, or other natural 
disasters. 
(5) PUBLIC
PROPERTY
MAINTENANCE
AND 
BEAUTIFICATION.—Under the direction of public en-
tities that own public property (including building 
interiors and exteriors and landscapes, and including 
community centers, playgrounds, and libraries), con-
duct maintenance, beautification, and other improve-
ment projects. Where appropriate, collaborate with 
projects funded under part 1 of this subtitle (School 
Improvement Corps). 
(6) HOUSING REHABILITATION.— 
(A) IN GENERAL.—Make improvements in 
privately owned rental housing units necessary 
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to improve such units so that they comply with 
the housing quality standards applicable to 
units assisted under section 8(o) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(o)), but only if the owner of the unit en-
ters into an agreement sufficient to ensure that 
the owner— 
(i) pays the cost of materials used in 
the renovation work; and 
(ii) charges rent for the unit, during 
the 5-year period beginning upon comple-
tion of the rehabilitation pursuant to this 
paragraph, in an amount not exceeding the 
fair market rental established under sec-
tion 8(c) of such Act for a dwelling unit of 
the same size located in the same market 
area. 
(B) FREE OF CHARGE.—The Community 
Corps shall provide all labor required for any 
rehabilitation pursuant to this paragraph free 
of charge, except in the case of any major re-
pairs that the Corps lacks the capacity to per-
form. 
(7) NEW HOUSING CONSTRUCTION.—Construct 
new homes on abandoned land in poorer commu-
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nities or the rehabilitate abandoned properties for 
use as residences, using the self-help homeowner 
participation model employed by Habitat for Hu-
manity International under which prospective home-
owners contribute a significant amount of sweat eq-
uity in the construction or rehabilitation of the 
home. Participating homeowners shall be selected on 
the basis of inability to otherwise purchase a home 
in the regular housing market and willingness and 
capability to assume the responsibilities of homeown-
ership. Construction materials shall be included in 
the cost of homeownership, but all construction labor 
shall be furnished free of charge by the Community 
Corps. 
(8) OTHER COMMUNITY IMPROVEMENT ACTIVI-
TIES.—Other community improvement activities as 
authorized by the Secretary. 
SEC. 1105. HIRING AND PREFERENCES. 
(a) IN GENERAL.—In hiring individuals for a Com-
munity Corps position under this part, a State or unit of 
general local may only employ unemployed individuals, ex-
cept in a case of a position (including a managerial posi-
tion) for which no qualified unemployed individual has ap-
plied. 
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(b) PRIORITIES IN RECRUITMENT AND HIRING.—In 
recruiting and hiring unemployed individuals for positions 
funded under this part, States and units of general local 
government shall target recruitment efforts and prioritize 
hiring with respect to individuals who are— 
(1) unemployed individuals who have exhausted 
their entitlement to unemployment compensation; 
(2) unemployed veterans of the Armed Forces 
and unemployed members of the reserve components 
of the Armed Forces; 
(3) unemployed individuals, who immediately 
before employment in the Community Corps, are eli-
gible for unemployment compensation payable under 
any State law or Federal unemployment compensa-
tion law, including any additional compensation or 
extended compensation under such laws; 
(4) unemployed individuals who are not eligible 
to receive unemployment compensation because they 
do not have sufficient wages to meet the minimum 
qualifications for such compensation; or 
(5) unemployed young people, including those 
who have not previously been employed. 
(c) STATE EMPLOYMENT AGENCIES.—In hiring for 
Community Corps positions under this part, a State or 
unit of general local government shall utilize, among other 
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methods, a State or local employment agencies, such as 
a one-stop career center or one-stop partner. 
(d) NOTICE.—Each listing for a position for a Com-
munity Corps shall be posted on a State or local employ-
ment web site. 
SEC. 1106. ADDITIONAL REQUIREMENTS FOR STATES AND 
UNITS OF GENERAL LOCAL GOVERNMENT. 
(a) ADMINISTRATIVE EXPENSES.—Each State or 
unit of general local government receiving an allotment 
under section 1102 may not use more than 5 percent of 
the allotment for administrative purposes. 
(b) COMPLIANCE WITH LOCAL LAWS
AND CON-
TRACTS.—In hiring individuals for positions funded under 
this part, or using administrative funds under this part 
to continue to provide employee compensation for existing 
employees, a State or unit of general local government 
shall comply with all applicable Federal, State, and local 
laws, personnel policies and regulations, and collective bar-
gaining agreements, as if such individual were hired, or 
such employee compensation was provided, without assist-
ance under this part. 
(c) COORDINATION.—To the maximum extent prac-
ticable, each State or unit of general local government re-
ceiving an allotment under section 1102, shall— 
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(1) integrate education and job skills training, 
including basic skills instruction and secondary edu-
cation services; 
(2) coordinate to the maximum extent feasible 
with pre-apprenticeship and apprenticeship pro-
grams; and 
(3) provide jobs in sectors where job growth is 
most likely, as determined by the Secretary, and in 
which career advancement opportunities exist to 
maximize long-term, sustainable employment for in-
dividuals after employment funded under this sub-
title ends. 
(d) SUPPLEMENT, NOT SUPPLANT.—A State or unit 
of general local government receiving funding under this 
part shall use such Federal funds only to supplement and 
not supplant the amount of funds that would, in the ab-
sence of such Federal funds, be available to pay the cost 
of employing individuals to perform the types of work au-
thorized under this part. 
SEC. 1107. EMPLOYMENT STATUS AND COMPENSATION. 
(a) EMPLOYEE STATUS.— 
(1) IN GENERAL.—An individual hired for a po-
sition funded under this part shall— 
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(A) be considered an employee of the State 
or unit of general local government by which 
such individual was hired; 
(B) receive the same employee compensa-
tion, have the same rights (including health in-
surance benefits and paid holidays and vaca-
tions) and responsibilities and job classifica-
tions, and be subject to the same job standards, 
employer policies, and collective bargaining 
agreements as if such individual was hired with-
out assistance under this part; and 
(C) fill a position that offers full-time, full- 
year employment. 
(2) DEFINITIONS.—For purposes of this sub-
section— 
(A) the term ‘‘full-time’’ when used in rela-
tion to employment has the meaning already es-
tablished or, if the meaning has not been estab-
lished, determined to be appropriate for pur-
poses of this part, by the State or unit of gen-
eral local government hiring an individual under 
this part; and 
(B) the term ‘‘full-year’’ when used in rela-
tion to employment means a position that pro-
vides employment for a 12-month period, except 
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that in the case of a position that provides a 
service required by a State or unit of general 
local government for only the duration of a 
school year, the term means a position that pro-
vides employment for such duration. 
(b) LIMIT ON NUMBER OF EXECUTIVE, ADMINISTRA-
TIVE, OR PROFESSIONAL POSITIONS.— 
(1) UNITS.—Of the total number of positions 
funded under this part for a fiscal year for each 
State or unit of general local government— 
(A) not more than 20 percent shall be in 
a bona fide executive, administrative, or profes-
sional capacity; and 
(B) at least 80 percent shall not be in a 
bona fide executive, administrative, or profes-
sional capacity. 
(2) DEFINITIONS.—For purposes of this sub-
section, the terms ‘‘bona fide executive’’, ‘‘bona fide 
administrative’’, and ‘‘bona fide professional’’ when 
used in relation to capacity shall have the meanings 
given such terms under section 13(a)(1) of the Fair 
Labor 
Standards 
Act 
of 
1938 
(29 
U.S.C. 
213(a)(1)). 
(c) TOTAL AMOUNT OF COMPENSATION.—For each 
fiscal year for which funds are appropriated to carry out 
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this part, each State or unit of general local government 
that receives funds under this part for any such fiscal year 
shall use such funds to provide an amount equal to the 
total amount of employee compensation for individuals 
hired under this part. 
(d) LIMIT ON PERIOD OF EMPLOYMENT.—Notwith-
standing any agreement or other provision of law (other 
than those provisions of law pertaining to civil rights in 
employment), a State or unit of general local government 
shall not be obligated to employ the individuals hired 
under this part or retain the positions filled by such indi-
viduals beyond the period for which the State or unit re-
ceives funding under this part. 
SEC. 1108. NONDISPLACEMENT OF EXISTING EMPLOYEES. 
(a) IN GENERAL.—A State or unit of general local 
government may not employ an individual for a position 
funded under this part, if— 
(1) employing such individual will result in the 
layoff or partial displacement (such as a reduction 
in hours, wages, or employee benefits) of an existing 
employee of the unit; or 
(2) such individual will perform the same or 
substantially similar work that had previously been 
performed by an employee of the unit who— 
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(A) has been laid off or partially displaced 
(as such term is described in paragraph (1)); 
and 
(B) has not been offered by the unit, to be 
restored to the position the employee had imme-
diately prior to being laid off or partially dis-
placed. 
(b) ELIMINATION OF POSITION.—For the purposes 
of this subsection, a position shall be considered to have 
been eliminated by a State or unit of general local govern-
ment if the position has remained unfilled and the unit 
has not sought to fill such position for at least a period 
of one month. 
(c) PROMOTIONAL OPPORTUNITIES.—An individual 
may not be hired for a position funded under this part 
in a manner that infringes upon the promotional opportu-
nities of an existing employee (as of the date of such hir-
ing) of a unit receiving funding under this part. 
SEC. 1109. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOT-
LINE, AND ENFORCEMENT BY THE SEC-
RETARY. 
(a) ESTABLISHMENT
OF
ARBITRATION
PROCE-
DURE.— 
(1) IN GENERAL.—Each unit of general local 
government that is an entitlement community and 
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each State that receives funding under this part 
shall agree to the arbitration procedure described in 
this subsection to resolve disputes described in sub-
sections (b) and (c). 
(2) WRITTEN GRIEVANCES.— 
(A) IN GENERAL.—If an employee (or an 
employee representative) wishes to use the arbi-
tration procedure described in this subsection, 
such party shall file a written grievance within 
the time period required under subsection (b) or 
(c), as applicable, simultaneously with the chief 
executive officer of a unit or State involved in 
the dispute and the Secretary. 
(B) IN-PERSON MEETING.—Not later than 
10 days after the date of the filing of the griev-
ance, the chief executive officer (or the designee 
of the chief executive officer) shall have an in- 
person meeting with the party to resolve the 
grievance. 
(3) ARBITRATION.— 
(A) SUBMISSION.—If the grievance is not 
resolved within the time period described in 
paragraph (2)(B), a party, by written notice to 
the other party involved, may submit such 
grievance to binding arbitration before a quali-
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fied arbitrator who is jointly selected and inde-
pendent of the parties. 
(B) APPOINTMENT BY SECRETARY.—If the 
parties cannot agree on an arbitrator within 5 
days of submitting the grievance to binding ar-
bitration under subparagraph (A), one of the 
parties may submit a request to the Secretary 
to appoint a qualified and independent arbi-
trator. The Secretary shall appoint a qualified 
and independent arbitrator within 15 days after 
receiving the request. 
(C) HEARING.—Unless the parties mutu-
ally agree otherwise, the arbitrator shall con-
duct a hearing on the grievance and issue a de-
cision not later than 30 days after the date 
such arbitrator is selected or appointed. 
(D) COSTS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the cost of an arbitration 
proceeding shall be divided evenly between 
the parties to the arbitration. 
(ii) EXCEPTION.—If a grievant pre-
vails under an arbitration proceeding, the 
unit of general local government or State 
involved in the dispute shall pay the cost 
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of such proceeding, including attorneys’ 
fees. 
(b) DISPUTES CONCERNING
THE ALLOTMENT
OF 
FUNDS.—In the case where a dispute arises as to whether 
a unit of general local government that is an entitlement 
community or State has improperly requested funds for 
services, an employee or employee representative of the 
unit or State may file a grievance under subsection (a) 
not later than 15 days after public notice of an intent to 
submit an application under section 1103 is published in 
accordance with paragraph (1)(C) of such section. Upon 
receiving a copy of the grievance, the Secretary shall with-
hold the funds subject to such grievance, unless and until 
the grievance is resolved under subsection (a), by the par-
ties or an arbitrator in favor of providing such funding. 
(c) ALL OTHER DISPUTES.— 
(1) IN GENERAL.—In the case of a dispute not 
covered under subsection (b) concerning compliance 
with the requirements of this part by a unit of gen-
eral local government that is an entitlement commu-
nity or State receiving funds under this part, an em-
ployee or employee representative of the unit or 
State may file a grievance under subsection (a) not 
later than 90 days after the dispute arises. In such 
cases, an arbitrator may award such remedies as are 
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necessary to make the grievant whole, including the 
reinstatement of a displaced employee or the pay-
ment of back wages, and may submit recommenda-
tions to the Secretary to ensure further compliance 
with the requirements of this part, including rec-
ommendations to suspend or terminate funding, or 
to require the repayment of funds received under 
this part during any period of noncompliance. 
(2) EXISTING
GRIEVANCE
PROCEDURES.—A 
party to a dispute described in paragraph (1) may 
use the existing grievance procedure of a unit or 
State involved in such dispute, or the arbitration 
procedure described in this subsection, to resolve 
such dispute. 
(d) PARTY DEFINED.—For purposes of subsections 
(a), (b), and (c), the term ‘‘party’’ means an employee, 
employee representative, unit of general local government, 
or State, involved in a dispute described in subsection (b) 
or (c). 
(e) WHISTLEBLOWER HOTLINE; ENFORCEMENT BY 
THE SECRETARY.— 
(1) WHISTLEBLOWER
HOTLINE.—The Sec-
retary shall post on a publicly accessible Internet 
Web site of the Department of Labor the contact in-
formation for reporting noncompliance with this part 
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by a State or unit of general local government or in-
dividual receiving funding under this part. 
(2) ENFORCEMENT BY THE SECRETARY.— 
(A) IN
GENERAL.—If the Secretary re-
ceives a complaint alleging noncompliance with 
this part, the Secretary may conduct an inves-
tigation and after notice and an opportunity for 
a hearing, may order such remedies as the Sec-
retary determines appropriate, including— 
(i) withholding further funds under 
this part to a noncompliant entity; 
(ii) requiring the entity to make an 
injured party whole; or 
(iii) requiring the entity to repay to 
the Secretary any funds received under 
this part during any period of noncompli-
ance. 
(B) DEFINITION.—For purposes of this 
paragraph, the term ‘‘entity’’ means State, unit 
of general local government, or individual. 
(C) 
RECOMMENDATION
BY
AN
ARBI-
TRATOR.—A remedy described in subparagraph 
(A) may also be ordered by the Secretary upon 
recommendation by an arbitrator appointed or 
selected under this section. 
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SEC. 1110. DEFINITIONS. 
In this part: 
(1) IN GENERAL.—The terms ‘‘city’’; ‘‘extent of 
poverty’’; ‘‘metropolitan city’’; ‘‘urban county’’; 
‘‘nonentitlement area’’; ‘‘population’’; and ‘‘State’’ 
have the meanings given the terms in section 102 of 
the Housing and Community Development Act of 
1974 (42 U.S.C. 5302). 
(2) BENEFITS.—The term ‘‘benefits’’ has the 
meaning given the term ‘‘employment benefits’’ in 
section 101 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611). 
(3) EMPLOYEE
COMPENSATION.—The term 
‘‘employee compensation’’ includes wages and bene-
fits. 
(4) ENTITLEMENT
COMMUNITIES.—The term 
‘‘entitlement communities’’ includes metropolitan cit-
ies and urban counties. 
(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(7) UNEMPLOYED INDIVIDUAL.—The term ‘‘un-
employed individual’’ has the meaning given such 
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term in section 101 of the Workforce Investment 
Act of 1998 (29 U.S.C. 2801). 
(8) UNIT OF GENERAL LOCAL GOVERNMENT.— 
The term ‘‘unit of general local government’’ means 
any city, county, town, township, parish, village, or 
other general purpose political subdivision of a 
State; Guam, the Northern Mariana Islands, the 
Virgin Islands, and American Samoa, or a general 
purpose political subdivision thereof; a combination 
of such political subdivisions that is recognized by 
the Secretary; and the District of Columbia. 
(9) VETERAN.—The term ‘‘veteran’’ has the 
meaning given such term in section 101 of the 
Workforce Investment Act (29 U.S.C. 2801). 
(10) WAGE.—The term ‘‘wage’’ has the mean-
ing given such term in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203). 
PART 7—CHILD DEVELOPMENT CORPS 
SEC. 1121. PURPOSE. 
It is the purpose of this part to provide for the cre-
ation of an additional 100,000 jobs through the Head 
Start Act. 
SEC. 1122. CHILD DEVELOPMENT CORPS. 
(a) AMENDMENTS TO THE HEAD START ACT.—The 
Head Start Act (42 U.S.C. 9831 et seq.) is amended— 
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(1) by inserting after section 639 the following: 
‘‘SEC. 639A. AUTHORIZATION OF APPROPRIATIONS FOR EM-
PLOYING EARLY HEAD START PROFESSIONAL 
EMPLOYEES. 
‘‘There 
is 
authorized 
to 
be 
appropriated 
$3,000,000,000 for each of the fiscal years 2012 and 2013 
to carry out section 640A.’’; and 
(2) by inserting after section 640 the following: 
‘‘SEC. 640A. EMPLOYMENT OF ADDITIONAL INFANT AND 
TODDLER SPECIALISTS. 
‘‘(a) EMPLOYMENT OF ADDITIONAL FULL-TIME IN-
FANT AND TODDLER SPECIALISTS.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary shall provide funds appropriated under section 
639A to Early Head Start programs to pay the cost of 
employing additional full-time infant and toddler special-
ists. 
‘‘(b) FUNDS TO SUPPLEMENT NOT SUPPLANT.—An 
Early Head Start program that receives funds under sub-
section (a) shall use such funds only to supplement and 
not supplant the amount of funds that would, in the ab-
sence of such Federal funds, be available to pay the cost 
of employing additional full-time infant and toddler spe-
cialists.’’. 
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(b) APPROPRIATION.—There is hereby appropriated 
out of any money in the Treasury not otherwise appro-
priated $3,000,000,000 for each of the fiscal years 2012 
and 2013 to carry out section 640A of the Head Start 
Act. 
PART 8—ON-THE-JOB TRAINING 
SEC. 1131. APPROPRIATION. 
The following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, and 
for the following purposes, namely: 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
For an additional amount for ‘‘Training and Employ-
ment Services’’ for activities under the Workforce Invest-
ment Act of 1998 (‘‘WIA’’), $500,000,000 which shall be 
available for obligation on the date of enactment of this 
Act, Provided, That such funds shall be used solely for 
on-the-job training (as such term is defined in section 
101(31) 
of 
the 
WIA): 
Provided 
further, 
That 
$250,000,000 of such amount shall be for such on-the- 
job training for individuals who reside in local areas 
that— 
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(1) have a poverty rate of 12 percent or more 
for each Public Use Microdata Area (PUMA) in 
such local area; or 
(2) have an unemployment rate that is 2 per-
cent higher than the national unemployment rate. 
PART 9—GENERAL PROVISIONS 
SEC. 1141. GENERAL REQUIREMENTS FOR ENTITIES RE-
CEIVING FUNDING UNDER THIS SUBTITLE. 
(a) COMPLIANCE WITH EXISTING LAWS AND CON-
TRACTS.—In hiring individuals for positions funded under 
this subtitle, or using funds under this subtitle to continue 
to provide employee compensation for existing employees, 
a State, unit of general local government, community- 
based organization, or business shall comply with all appli-
cable Federal, State, and local laws relating to health, 
safety, civil rights, personnel policies and regulations, 
labor, and collective bargaining agreements, as if such in-
dividual were hired, or such employee compensation was 
provided, without assistance under this subtitle. 
(b) COMPLIANCE WITH FEDERAL CIVIL RIGHTS 
LAWS.—Federal civil rights laws described in subsection 
(a) shall include the following: 
(1) Title VI of the Civil Rights Act of 1964. 
(2) Title IX of the Education Amendments of 
1972. 
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(3) Sections 503 and 504 of the Rehabilitation 
Act of 1973. 
(4) The Age Discrimination Act of 1975. 
SEC. 1142. REPORTING. 
(a) REPORTS TO SECRETARIES.—At the end of fiscal 
year 2012 and 2013, each State, unit of general local gov-
ernment, community-based organization, or business, or 
other entity that receives assistance under this subtitle 
shall submit to the Secretary that provided such assistance 
a report on the number of jobs created and, if applicable, 
the projects completed with funding under this subtitle. 
(b) REPORTS TO CONGRESS.—Each Secretary that 
receives a report under subsection (a) shall provide such 
reports to Congress not later than July 1, 2014. 
SEC. 1143. HIRING AND PREFERENCES. 
(a) IN GENERAL.—In hiring individuals for positions 
funded under part 1, part 5, and part 7, an entity de-
scribed in section 1142 receiving funding under this sub-
title may only employ unemployed individuals, except in 
a case of a position (including a managerial position) for 
which no qualified unemployed individual has applied. 
(b) PRIORITIES IN RECRUITMENT AND HIRING.—In 
recruiting and hiring unemployed individuals for positions 
described in subsection, the entity shall target recruitment 
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efforts and prioritize hiring with respect to individuals who 
are— 
(1) unemployed individuals who have exhausted 
their entitlement to unemployment compensation; 
(2) unemployed veterans of the Armed Forces 
and unemployed members of the reserve components 
of the Armed Forces; 
(3) unemployed individuals, who immediately 
before employment in the programs described in sub-
paragraph (a), are eligible for unemployment com-
pensation payable under any State law or Federal 
unemployment compensation law, including any ad-
ditional compensation or extended compensation 
under such laws; 
(4) unemployed individuals who are not eligible 
to receive unemployment compensation because they 
do not have sufficient wages to meet the minimum 
qualifications for such compensation; or 
(5) in the case of employment under subpart B 
of part 1, unemployed young people, including those 
who have not previously been employed. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall supersede the qualification requirements under 
titles I through VII or existing law, such as medical licen-
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sure where applicable for health corps or certification for 
early childhood development workers. 
SEC. 1144. FLEXIBILITY ON HIRING. 
Funding under this subtitle shall be tied to the job 
created with the funding rather than to the individual 
awarded the job, and entities receiving funding under this 
subtitle are authorized to hire new employees to replace 
an individual that was hired with such funds, but who has 
left the position. 
SEC. 1145. NONDISPLACEMENT. 
(a) NONDISPLACEMENT OF EXISTING EMPLOYEES.— 
(1) IN GENERAL.—An entity described in sec-
tion 1142 that receives funding under this subtitle 
may not employ an individual for a position funded 
under this subtitle, if— 
(A) employing such individual will result in 
the layoff or partial displacement (such as a re-
duction in hours, wages, or employee benefits) 
of an existing employee of the unit or organiza-
tion; or 
(B) such individual will perform the same 
or substantially similar work that had pre-
viously been performed by an employee of the 
unit or organization who— 
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(i) has been laid off or partially dis-
placed (as such term is described in sub-
paragraph (A)); and 
(ii) has not been offered by the unit 
or organization, to be restored to the posi-
tion the employee had immediately prior to 
being laid off or partially displaced. 
(2) ELIMINATION OF POSITION.—For the pur-
poses of this subsection, a position shall be consid-
ered to have been eliminated by an entity receiving 
funding under this subtitle if the position has re-
mained unfilled and the unit or organization has not 
sought to fill such position for at least a period of 
one month. 
(3) PROMOTIONAL
OPPORTUNITIES.—An indi-
vidual may not be hired for a position funded under 
this part in a manner that infringes upon the pro-
motional opportunities of an existing employee (as of 
the date of such hiring) of an entity receiving fund-
ing under this subtitle. 
(b) NONDISPLACEMENT
OF LOCAL GOVERNMENT 
SERVICES.—A business or community-based organization 
receiving funds under this part may not use such funds 
to provide services or functions that are customarily pro-
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vided by a unit of general local government where such 
services or functions are provided by the organization. 
(c) NONDISPLACEMENT
OF
LOCAL
BUSINESS.— 
Where appropriate, any unit of government or community- 
based organizations receiving funds under this subtitle 
cannot use those funds to provide services or functions 
that are currently provided by a local business. 
SEC. 1146. EMPLOYMENT STATUS AND COMPENSATION IN 
NEW PROGRAMS. 
(a) EMPLOYEE STATUS.—An individual hired for a 
position funded under part 1, part 5, or part 6, or section 
1081 of part 4 shall— 
(1) be considered an employee of the unit of 
general local government, business, or community- 
based organization, by which such individual was 
hired; and 
(2) receive the same employee compensation, 
have the same rights and responsibilities and job 
classifications, and be subject to the same job stand-
ards, employer policies, and collective bargaining 
agreements as if such individual was hired without 
assistance under this subtitle. 
(b) TOTAL AMOUNT OF COMPENSATION.—For each 
fiscal year for which funds are appropriated to carry out 
this subtitle, each unit of general local government, each 
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business, and each community-based organization that re-
ceives funds under the provisions described in subsection 
(a) for any such fiscal year shall use such funds to provide 
an amount equal to the total amount of employee com-
pensation for the individuals such the entity hired under 
this subtitle. 
(c) LIMIT ON PERIOD OF EMPLOYMENT.—Notwith-
standing any agreement or other provision of law (other 
than those provisions of law pertaining to civil rights in 
employment), a unit of general local government, business, 
or community-based organization shall not be obligated to 
employ the individuals hired under this subtitle or retain 
the positions filled by such individuals beyond the period 
for which the unit or organization receives funding under 
the provisions described in subsection (a). 
SEC. 1147. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOT-
LINE, AND ENFORCEMENT BY THE SEC-
RETARY. 
(a) ESTABLISHMENT
OF
ARBITRATION
PROCE-
DURE.— 
(1) IN
GENERAL.—Each entity that receives 
funding under this subtitle shall agree to the arbi-
tration procedure described in this subsection to re-
solve disputes described in subsections (b) and (c). 
(2) WRITTEN GRIEVANCES.— 
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(A) IN GENERAL.—If an employee (or an 
employee representative) wishes to use the arbi-
tration procedure described in this subsection, 
such party shall file a written grievance within 
the time period required under subsection (b) or 
(c), as applicable, simultaneously with the chief 
executive officer of an entity involved in the dis-
pute and the Secretary of Labor. 
(B) IN-PERSON MEETING.—Not later than 
10 days after the date of the filing of the griev-
ance, the chief executive officer (or the designee 
of the chief executive officer) shall have an in- 
person meeting with the party to resolve the 
grievance. 
(3) ARBITRATION.— 
(A) SUBMISSION.—If the grievance is not 
resolved within the time period described in 
paragraph (2)(B), a party, by written notice to 
the other party involved, may submit such 
grievance to binding arbitration before a quali-
fied arbitrator who is jointly selected and inde-
pendent of the parties. 
(B) APPOINTMENT BY SECRETARY.—If the 
parties cannot agree on an arbitrator within 5 
days of submitting the grievance to binding ar-
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bitration under subparagraph (A), one of the 
parties may submit a request to the Secretary 
of Labor to appoint a qualified and independent 
arbitrator. The Secretary of Labor shall appoint 
a qualified and independent arbitrator within 
15 days after receiving the request. 
(C) HEARING.—Unless the parties mutu-
ally agree otherwise, the arbitrator shall con-
duct a hearing on the grievance and issue a de-
cision not later than 30 days after the date 
such arbitrator is selected or appointed. 
(D) COSTS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the cost of an arbitration 
proceeding shall be divided evenly between 
the parties to the arbitration. 
(ii) EXCEPTION.—If a grievant pre-
vails under an arbitration proceeding, the 
entity involved in the dispute shall pay the 
cost of such proceeding, including attor-
neys’ fees. 
(b) DISPUTES CONCERNING
THE ALLOTMENT
OF 
FUNDS.—In the case where a dispute arises as to whether 
an entity has improperly requested funds for services, an 
employee or employee representative of entity may file a 
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grievance under subsection (a) not later than 15 days 
after public notice of an intent to request funds for serv-
ices. Upon receiving a copy of the grievance, the Secretary 
of Labor shall withhold the funds subject to such griev-
ance, unless and until the grievance is resolved under sub-
section (a), by the parties or an arbitrator in favor of pro-
viding such funding. 
(c) ALL OTHER DISPUTES.— 
(1) IN GENERAL.—In the case of a dispute not 
covered under subsection (b) concerning compliance 
with the requirements of this subtitle by an entity 
receiving funds under this part, an employee or em-
ployee representative of an entity may file a griev-
ance under subsection (a) not later than 90 days 
after the dispute arises. In such cases, an arbitrator 
may award such remedies as are necessary to make 
the grievant whole, including the reinstatement of a 
displaced employee or the payment of back wages, 
and may submit recommendations to the Secretary 
of Labor to ensure further compliance with the re-
quirements of this subtitle, including recommenda-
tions to suspend or terminate funding, or to require 
the repayment of funds received under this part dur-
ing any period of noncompliance. 
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(2) EXISTING
GRIEVANCE
PROCEDURES.—A 
party to a dispute described in paragraph (1) may 
use the existing grievance procedure of an entity in-
volved in such dispute, or the arbitration procedure 
described in this subsection, to resolve such dispute. 
(d) PARTY DEFINED.—For purposes of subsections 
(a), (b), and (c), the term ‘‘party’’ means an employee, 
employee representative, or entity involved in a dispute de-
scribed in subsection (b) or (c). 
(e) WHISTLEBLOWER HOTLINE; ENFORCEMENT BY 
THE SECRETARY.— 
(1) WHISTLEBLOWER
HOTLINE.—The Sec-
retary of Labor shall post on a publicly accessible 
Internet Web site of the Department of Labor the 
contact information for reporting noncompliance 
with this part by a State, unit of general local gov-
ernment, community-based organization, business, or 
individual receiving funding under this part. 
(2) ENFORCEMENT BY THE SECRETARY.— 
(A) IN
GENERAL.—If the Secretary of 
Labor receives a complaint alleging noncompli-
ance with this subtitle, the Secretary may con-
duct an investigation and after notice and an 
opportunity for a hearing, may order such rem-
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edies as the Secretary of Labor determines ap-
propriate, including— 
(i) withholding further funds under 
this part to a noncompliant entity; 
(ii) requiring the entity to make an 
injured party whole; or 
(iii) requiring the entity to repay to 
the Secretary of Labor any funds received 
under this part during any period of non-
compliance. 
(B) RECOMMENDATION
BY
AN
ARBI-
TRATOR.—A remedy described in subparagraph 
(A) may also be ordered by the Secretary of 
Labor upon recommendation by an arbitrator 
appointed or selected under this section. 
SEC. 1148. TERMINATION. 
Programs and funding authorized under this subtitle 
shall be phased-out over a 90-day period if national unem-
ployment, as measured by the Bureau of Labor Statistics, 
falls under 5 percent. Such phase-out shall ensure that— 
(1) an individual hired under this subtitle shall 
not be fired prematurely; 
(2) projects funded under this subtitle shall be 
continued until completion; and 
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(3) an individual hired under this subtitle may 
be replaced when such individual leaves the position 
for which the individual was hired. 
Subtitle B—Buy American 
Enhancement Act of 2011 
SEC. 1201. SHORT TITLE. 
This subtitle may be cited as the ‘‘The Buy American 
Enhancement Act of 2011’’. 
SEC. 1202. DOMESTIC CONTENT REQUIREMENT FOR THE 
BUY AMERICAN ACT. 
(a) SUBSTANTIALLY ALL DEFINED.—Section 8301 
of title 41, United States Code, is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) SUBSTANTIALLY ALL.—Articles, materials, 
or supplies shall be treated as made substantially all 
from articles, materials, or supplies mined, pro-
duced, or manufactured in the United States if the 
cost of the domestic components of such articles, 
materials, or supplies exceeds 75 percent of the total 
cost of all components of such articles, materials, or 
supplies.’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect not later than 180 days 
after the date of the enactment of this subtitle. 
SEC. 1203. REQUIREMENT FOR INDIRECT CONTRACTS TO 
COMPLY WITH THE BUY AMERICAN ACT. 
(a) CONTRACT REQUIREMENT.—The head of each 
Federal agency shall ensure that each contract described 
in subsection (b) awarded by such Federal agency includes 
a provision requiring any articles, materials, and supplies 
provided under the contract to comply with chapter 83 of 
title 41, United States Code (popularly referred to as the 
‘‘Buy American Act’’), subject to the exceptions to that 
chapter provided in the Trade Agreements Act of 1979 
(19 U.S.C. 2501 et seq.) or otherwise provided by law. 
(b) CONTRACTS DESCRIBED.—The contracts de-
scribed in this subsection include each of the following: 
(1) Housing leases, including military housing 
provided by a private entity. 
(2) Power purchase agreements. 
(3) Enhanced-use leases. 
(4) Energy savings performance contracts. 
(5) Utility energy service contracts. 
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SEC. 1204. BUY AMERICAN WAIVER REPORTING REQUIRE-
MENT. 
(a) WAIVER DEFINED.—Section 8301 of title 41, 
United States Code, as amended by section 1202, is fur-
ther amended by adding at the end the following new para-
graph: 
‘‘(4) WAIVER.—The term ‘waiver’ means, with 
respect to the acquisition of an article, material, or 
supply for public use, the inapplicability of this 
chapter to the acquisition by reason of any of the 
following: 
‘‘(A) A determination by the head of the 
Federal agency concerned that the acquisition 
is inconsistent with the public interest. 
‘‘(B) A determination by the head of the 
Federal agency concerned that the cost of the 
acquisition is unreasonable. 
‘‘(C) Use outside of the United States. 
‘‘(D) A determination by the head of the 
Federal agency concerned that the article, ma-
terial, or supply is not mined, produced, or 
manufactured in the United States in sufficient 
and reasonably available commercial quantities 
of a satisfactory quality. 
‘‘(E) Procured under a contract with an 
award value that is not more than the micro- 
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purchase threshold under section 1902 of this 
title. 
‘‘(F) An exception under the Trade Agree-
ments Act of 1979 (19 U.S.C. 2501 et seq.). 
‘‘(G) Any other exception otherwise pro-
vided by law.’’. 
(b) WAIVER REPORTING REQUIREMENT.—Section 
8302 of title 41, United States Code, is amended by add-
ing at the end the following new section: 
‘‘(c) WAIVER REPORTING REQUIREMENT.—The head 
of each Federal agency shall establish a location on the 
website of such agency for the publication of waivers ac-
cessible by the public and shall publish a list at such loca-
tion of each waiver granted under this chapter not later 
than 30 days after such waiver is granted.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect not later than 180 days after 
the date of the enactment of this subtitle. 
SEC. 1205. IMPLEMENTATION THROUGH THE FEDERAL AC-
QUISITION REGULATION. 
Not later than 180 days after the date of the enact-
ment of this subtitle, the Federal Acquisition Regulation 
shall be revised as necessary to implement the provisions 
of this subtitle. 
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SEC. 1206. DEFINITIONS. 
In this subtitle: 
(1) ENERGY
SAVINGS
PERFORMANCE
CON-
TRACT.—The term ‘‘energy savings performance 
contract’’ has the meaning given that term under 
section 436.31 of title 10, Code of Federal Regula-
tions. 
(2) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means any executive agency (as defined in 
section 133 of title 41, United States Code) or any 
establishment in the legislative or judicial branch of 
the Federal Government. 
Subtitle C—Fairness and Trans-
parency in Contracting Act of 
2011 
SEC. 1301. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fairness and 
Transparency in Contracting Act of 2011’’. 
SEC. 1302. DEFINITIONS. 
In this subtitle— 
(1) the terms ‘‘Administration’’ and ‘‘Adminis-
trator’’ mean the Small Business Administration 
and the Administrator thereof, respectively; 
(2) the term ‘‘parent company’’, relating to a 
business concern, means a person other than an in-
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dividual that owns not less than 51 percent of that 
business concern; 
(3) the terms ‘‘small business concern’’, ‘‘small 
business concern owned and controlled by veterans’’, 
‘‘small business concern owned and controlled by 
service-disabled veterans’’, and ‘‘small business con-
cern owned and controlled by women’’ have the 
meanings given those terms in section 3 of the Small 
Business Act (15 U.S.C. 632), as amended by this 
subtitle; and 
(4) the term ‘‘small business concern owned 
and controlled by socially and economically disadvan-
taged individuals’’ has the meaning given that term 
in section 8(d)(3)(C) of the Small Business Act (15 
U.S.C. 637(d)(3)(C)). 
SEC. 1303. PURPOSE. 
The purpose of this subtitle is to modify the defini-
tions relating to whether a business concern qualifies as 
a small business concern to establish additional require-
ments that ensure that no publically traded business con-
cern, subsidiary of a publically traded business concern, 
foreign-owned business concern, or subsidiary of a foreign- 
owned business concern is considered a small business con-
cern for the purpose of Federal Government contracting 
and subcontracting, including for procurement goals. 
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100 
SEC. 1304. DEFINITION OF SMALL BUSINESS CONCERN AND 
STATUS REVIEW. 
Section 3(a) of the Small Business Act (15 U.S.C. 
632(a)) is amended by adding at the end the following: 
‘‘(6) INDEPENDENTLY OWNED AND OPERATED.— 
‘‘(A) IN
GENERAL.—In this subsection, the 
term ‘independently owned and operated’ does not 
include a business concern— 
‘‘(i) that is— 
‘‘(I) an issuer of a class of securities 
registered or that is required to be reg-
istered pursuant to section 12 of the Secu-
rities Exchange Act of 1934 (15 U.S.C. 
78l) or that is required to file reports pur-
suant to section 15(d) of that Act (15 
U.S.C. 78o(d)); or 
‘‘(II) owned by an entity that is an 
issuer of a class of securities registered or 
that is required to be registered pursuant 
to section 12 of the Securities Exchange 
Act of 1934 (15 U.S.C. 78l) or that is re-
quired to file reports pursuant to section 
15(d) of that Act (15 U.S.C. 78o(d)); or 
‘‘(ii) more than 50 percent of which is 
owned, directly or indirectly, by one or more in-
dividuals that are not United States citizens. 
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101 
‘‘(B) ENTITIES.—In determining ownership of 
a business concern, any interest in the business con-
cern that is owned by a person that is not an indi-
vidual (including a corporation, partnership, estate, 
or trust) shall be considered owned proportionately 
by or for the individuals that own that person.’’. 
SEC. 1305. NOTIFICATION. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this subtitle, the Administrator shall 
notify the head of each Federal department or agency re-
garding this subtitle and the amendments made by this 
subtitle. 
(b) TO CONTRACTORS.—Not later than 6 months 
after receiving notice under subsection (a), the head of a 
Federal department or agency shall notify any contractor 
of that department or agency regarding this subtitle and 
the amendments made by this subtitle. 
SEC. 1306. REPORTING. 
(a) IN GENERAL.—Not later than 6 months after the 
end of each fiscal year, the Administrator shall publish 
a report regarding prime contracts with the Federal Gov-
ernment awarded to business concerns that were identified 
as small business concerns for the purposes of achieving 
the small business contracting goals of the Federal Gov-
ernment during the previous fiscal year. 
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103 
(c) AVAILABILITY.—The Administrator shall make 
each report under subsection (a) available on the Web site 
of the Administration in a manner that is easily accessible 
by members of the public. 
SEC. 1307. LIST OF CONTRACTORS. 
(a) IN GENERAL.—Each Federal department and 
agency shall publish on the Web site of that department 
or agency a list of each business concern that received a 
contract award because that business concern was identi-
fied as a small business concern. 
(b) LIST CONTENTS.—A list published under sub-
section (a) shall— 
(1) list business concerns in the order of the 
total amount in dollars of contracts between the 
Federal Government and that business concern, be-
ginning with the largest total value; 
(2) include the total amount in dollars of con-
tracts between the Federal Government and each 
business concern on such list; and 
(3) include the name of any parent company of 
a business concern on such list. 
SEC. 1308. CONTRACTING DATABASES. 
The Administrator shall, by regulation, establish pro-
cedures to ensure that the Central Contractor Registration 
database and any successor database provide an adequate 
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warning regarding criminal penalties established under 
section 16(d) of the Small Business Act (15 U.S.C. 
645(d)) for misrepresenting the status of a business con-
cern or person in order to obtain certain contracts with 
the Federal Government. 
SEC. 1309. ENFORCEMENT. 
(a) COMPLAINTS.— 
(1) IN GENERAL.—Any person may file a com-
plaint with the Administrator and the head of the 
affected department or agency about the classifica-
tion of a business concern as a small business con-
cern and the Administrator and the head of the af-
fected department or agency shall resolve any com-
plaint filed under this paragraph in a timely man-
ner. 
(2) REPORTS.—The Administrator shall annu-
ally submit to Congress a report describing any com-
plaints described in paragraph (1) that were filed 
during the relevant year and the resolution of any 
such complaint. 
(b) DEBARMENT.—The head of each Federal depart-
ment or agency shall issue or amend the contracting rules 
and regulations for that department or agency to ensure 
that a business concern shall be debarred from receiving 
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a Federal contract for a period of not less than 5 years 
if that business concern— 
(1) fraudulently represents that it is a small 
business concern as part of a bid for a small busi-
ness contract with that department or agency; or 
(2) violates this subtitle or an amendment made 
by this subtitle. 
Subtitle 
D—National 
Infrastruc-
ture Development Bank Act of 
2011 
SEC. 1401. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Infra-
structure Development Bank Act of 2011’’. 
SEC. 1402. FINDINGS. 
Congress finds the following: 
(1) According to the American Society of Civil 
Engineers, the current condition of the infrastruc-
ture in the United States earns a grade point aver-
age of D, and an estimated $2,200,000,000,000 in-
vestment is needed over the next 5 years to meet 
adequate conditions. 
(2) According to the National Surface Trans-
portation Policy and Revenue Study Commission, 
$225,000,000,000 is needed annually from all 
sources for the next 50 years to upgrade our surface 
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106 
transportation system to a state of good repair and 
create a more advanced system. 
(3) The Environmental Protection Agency 
projects that— 
(A) $334,000,000,000 is needed to invest 
in infrastructure improvements over 20 years to 
ensure the provision of safe water; and 
(B) $202,500,000,000 is needed for pub-
licly owned wastewater systems-related infra-
structure needs over 20 years. 
(4) According to the Edison Electric Institute, 
the electric power industry will need to invest 
$298,000,000,000 in the Nation’s transmission sys-
tem by 2030 in order to maintain reliable service. 
(5) According to the American Council on Re-
newable Energy, renewable energy could provide up 
to 635 gigawatts of new electricity generating capac-
ity by 2025, a substantial contribution and poten-
tially more than the Nation’s need for new capacity, 
according to the United States Energy Information 
Administration. 
(6) According to the United States Green 
Building Council, United States buildings account 
for nearly 39 percent of primary energy use and 38 
percent of carbon emissions. 
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107 
(7) According to the Organization for Economic 
Cooperation and Development (OECD), the United 
States ranks 14th among OECD nations in 
broadband access per 100 inhabitants. 
(8) Although grant programs of the Govern-
ment must continue to play a central role in financ-
ing the transportation, environment, energy, and 
telecommunications infrastructure needs of the 
United States, current and foreseeable demands on 
existing Federal, State, and local funding for infra-
structure expansion exceed the resources to support 
these programs by margins wide enough to prompt 
serious concerns about the United States’ ability to 
sustain long-term economic development, produc-
tivity, and international competitiveness. 
(9) The capital markets, including central 
banks, pension funds, financial institutions, sov-
ereign wealth funds, and insurance companies, have 
a growing interest in infrastructure investment. The 
establishment of a United States Government-owned 
institution that would provide this investment oppor-
tunity through high-quality bond issues that would 
be used to finance qualifying infrastructure projects 
would attract needed capital for United States infra-
structure development. 
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108 
SEC. 1403. DEFINITIONS. 
For purposes of this subtitle, the following definitions 
apply unless the context requires otherwise: 
(1) BANK.—The term ‘‘Bank’’ means the Na-
tional Infrastructure Development Bank established 
under section 1404(a). 
(2) BOARD.—The term ‘‘Board’’ means the Na-
tional Infrastructure Development Bank Board. 
(3) CHIEF ASSET AND LIABILITY MANAGEMENT 
OFFICER.—The term ‘‘chief asset and liability man-
agement officer’’ means the chief individual respon-
sible for coordinating the management of assets and 
liabilities of the Bank. 
(4) CHIEF COMPLIANCE OFFICER.—The term 
‘‘chief compliance officer or CCO’’ means the chief 
individual responsible for overseeing and managing 
the compliance and regulatory affairs issues of the 
Bank. 
(5) CHIEF
FINANCIAL
OFFICER.—The term 
‘‘chief financial officer or CFO’’ means the chief in-
dividual responsible for managing the financial risks, 
planning, and reporting of the Bank. 
(6) CHIEF LOAN ORIGINATION OFFICER.—The 
term ‘‘chief loan origination officer’’ means the chief 
individual responsible for the processing of new 
loans provided by the Bank. 
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109 
(7) CHIEF
OPERATIONS
OFFICER.—The term 
‘‘chief operations officer or COO’’ means the chief 
individual responsible for information technology and 
the day to day operations of the Bank. 
(8) CHIEF
RISK
OFFICER.—The term ‘‘chief 
risk officer or CRO’’ means the chief individual re-
sponsible for managing operational and compliance- 
related risks of the Bank. 
(9) CHIEF
TREASURY
OFFICER.—The term 
‘‘chief treasury officer’’ means the chief individual 
responsible for managing the Bank’s treasury oper-
ations. 
(10) DEVELOPMENT.—The terms ‘‘develop-
ment’’ and ‘‘develop’’ mean, with respect to an infra-
structure project, any— 
(A) preconstruction planning, feasibility re-
view, permitting, design work, and other 
preconstruction activities; and 
(B) construction, reconstruction, rehabili-
tation, replacement, or expansion. 
(11) DISADVANTAGED COMMUNITY.—The term 
‘‘disadvantaged community’’ means a community 
with a median household income of less than 80 per-
cent of the statewide median household income for 
the State in which the community is located. 
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110 
(12) ENERGY
INFRASTRUCTURE
PROJECT.— 
The term ‘‘energy infrastructure project’’ means any 
project for energy transmission, energy efficiency en-
hancement for buildings, public housing, and 
schools, renewable energy, and energy storage. 
(13) ENTITY.—The term ‘‘entity’’ means an in-
dividual, corporation, partnership (including a pub-
lic-private partnership), joint venture, trust, and a 
State or other governmental entity, including a polit-
ical subdivision or any other instrumentality of a 
State or a revolving fund. 
(14) 
ENVIRONMENTAL
INFRASTRUCTURE 
PROJECT.—The term ‘‘environmental infrastructure 
project’’ means any project for the establishment, 
maintenance, or enhancement of any drinking water 
and wastewater treatment facility, storm water man-
agement system, dam, levee, open space manage-
ment system, solid waste disposal facility, hazardous 
waste facility, or industrial site cleanup. 
(15) EXECUTIVE DIRECTOR.—The term ‘‘execu-
tive director’’ means the individual serving as the 
chief executive officer of the Bank. 
(16) GENERAL COUNSEL.—The term ‘‘general 
counsel’’ means the individual who serves as the 
chief lawyer for the Bank. 
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111 
(17) INFRASTRUCTURE
PROJECT.—The term 
‘‘infrastructure project’’ means any energy, environ-
mental, telecommunications, or transportation infra-
structure project. 
(18) PUBLIC BENEFIT BOND.—The term ‘‘pub-
lic benefit bond’’ means a bond issued with respect 
to an infrastructure project in accordance with this 
subtitle if— 
(A) the net spendable proceeds from the 
sale of the issue may be used for expenditures 
incurred after the date of issuance with respect 
to the project, subject to the rules of the Bank; 
(B) the bond issued by the Bank is in reg-
istered form and meets the requirements of this 
subtitle and otherwise applicable law; and 
(C) the payment of principal with respect 
to the bond is the obligation of the Bank. 
(19) 
PUBLIC-PRIVATE
PARTNERSHIP.—The 
term ‘‘public-private partnership’’ means any enti-
ty— 
(A)(i) which is undertaking the develop-
ment of all or part of an infrastructure project, 
which will have a public benefit, pursuant to re-
quirements established in one or more contracts 
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112 
between the entity and a State or an instru-
mentality of a State; or 
(ii) the activities of which, with respect to 
such an infrastructure project, are subject to 
regulation by a State or any instrumentality of 
a State; and 
(B) which owns, leases, or operates, or will 
own, lease, or operate, the project in whole or 
in part, and at least one of the participants in 
the entity is a nongovernmental entity. 
(20) REVOLVING FUND.—The term ‘‘revolving 
fund’’ means a fund or program established by a 
State or a political subdivision or other instrumen-
tality of a State, the principal activity of which is to 
make loans, commitments, or other financial accom-
modation available for the development of one or 
more categories of infrastructure projects. 
(21) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Treasury or the designee 
of the Secretary. 
(22) SMART
GRID.—The term ‘‘smart grid’’ 
means a system that provides for any of the smart 
grid functions set forth in section 1306(d) of the 
Energy Independence and Security Act of 2007 (42 
U.S.C. 17386(d)). 
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113 
(23) STATE.—The term ‘‘State’’ includes the 
District of Columbia, Puerto Rico, Guam, American 
Samoa, the Virgin Islands, the Commonwealth of 
Northern Mariana Islands, and any other territory 
of the United States. 
(24) TELECOMMUNICATIONS INFRASTRUCTURE 
PROJECT.—The term ‘‘telecommunications infra-
structure project’’ means any project involving infra-
structure required to provide communications by 
wire or radio. 
(25) 
TRANSPORTATION
INFRASTRUCTURE 
PROJECT.—The term ‘‘transportation infrastructure 
project’’ means any project for the construction, 
maintenance, or enhancement of highways, roads, 
bridges, transit and intermodal systems, inland wa-
terways, commercial ports, airports, high speed rail 
and freight rail systems. 
SEC. 1404. ESTABLISHMENT OF NATIONAL INFRASTRUC-
TURE DEVELOPMENT BANK. 
(a) ESTABLISHMENT
OF NATIONAL INFRASTRUC-
TURE DEVELOPMENT BANK.—The National Infrastruc-
ture Development Bank is established as a wholly owned 
Government corporation subject to chapter 91 of title 31, 
United States Code (commonly known as the ‘‘Govern-
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114 
ment Corporation Control Act’’), except as otherwise pro-
vided in this subtitle. 
(b) RESPONSIBILITY OF THE SECRETARY.—The Sec-
retary shall take such action as may be necessary to assist 
in implementing the establishment of the bank in accord-
ance with this subtitle. 
(c) CONFORMING AMENDMENT.—Section 9101(3) of 
title 31, United States Code, is amended by inserting after 
subparagraph (N) the following: 
‘‘(O) the National Infrastructure Develop-
ment Bank.’’. 
SEC. 1405. BOARD OF DIRECTORS. 
(a) IN GENERAL.—The Bank shall have a Board of 
Directors consisting of 5 members appointed by the Presi-
dent by and with the advice and consent of the Senate. 
(b) QUALIFICATIONS.—The directors of the Board 
shall include individuals representing different regions of 
the United States and— 
(1) 2 of the directors shall have public sector 
experience; and 
(2) 3 of the directors shall have private sector 
experience. 
(c) CHAIRPERSON AND VICE CHAIRPERSON.—As des-
ignated at the time of appointment, one of the directors 
of the Board shall be designated chairperson of the Board 
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by the President and one shall be designated as vice chair-
person of the Board by the President. 
(d) TERMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subsection (f), each director shall be 
appointed for a term of 6 years. 
(2) INITIAL STAGGERED TERMS.—Of the initial 
members of the Board— 
(A) the chairperson and vice chairperson 
shall be appointed for terms of 6 years; 
(B) 1 shall be appointed for a term of 5 
years; 
(C) 1 shall be appointed for a term of 4 
years; and 
(D) 1 shall be appointed for a term of 3 
years. 
(e) DATE
OF INITIAL NOMINATIONS.—The initial 
nominations by the President for appointment of directors 
to the Board shall be made not later than 60 days after 
the date of enactment of this Act. 
(f) VACANCIES.— 
(1) IN
GENERAL.—A vacancy on the Board 
shall be filled in the manner in which the original 
appointment was made. 
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116 
(2) 
APPOINTMENT
TO
REPLACE
DURING 
TERM.—Any director appointed to fill a vacancy oc-
curring before the expiration of the term for which 
the director’s predecessor was appointed shall be ap-
pointed only for the remainder of the term. 
(3) DURATION.—A director may serve after the 
expiration of that director’s term until a successor 
has taken office. 
(g) QUORUM.—Three directors shall constitute a 
quorum. 
(h) REAPPOINTMENT.—A director of the Board ap-
pointed by the President may be reappointed by the Presi-
dent in accordance with this section. 
(i) PER DIEM REIMBURSEMENT.—Directors of the 
Board shall serve on a part-time basis and shall receive 
a per diem when engaged in the actual performance of 
Bank business, plus reasonable reimbursement for travel, 
subsistence, and other necessary expenses incurred in the 
performance of their duties. 
(j) LIMITATIONS.—A director of the Board may not 
participate in any review or decision affecting a project 
under consideration for assistance under this subtitle if 
the director has or is affiliated with a person who has an 
interest in such project. 
(k) POWERS AND LIMITATIONS OF THE BOARD.— 
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(1) POWERS.—In order to carry out the pur-
poses of the Bank as set forth in this subtitle, the 
Board shall be responsible for monitoring and over-
seeing infrastructure projects and have the following 
powers: 
(A) To make senior and subordinated 
loans and purchase senior and subordinated 
debt securities and enter into a binding commit-
ment to make any such loan or purchase any 
such security, on such terms as the Board may 
determine, in the Board’s discretion, to be ap-
propriate, the proceeds of which are used to as-
sist in the financing or refinancing of the devel-
opment of one or more infrastructure projects. 
(B) To issue and sell debt securities of the 
Bank on such terms as the Board shall deter-
mine from time to time. 
(C) To issue public benefit bonds and to 
provide financing to infrastructure projects 
from amounts made available from the issuance 
of such bonds. 
(D) To make loan guarantees. 
(E) To make agreements and contracts 
with any entity in furtherance of the business 
of the Bank. 
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(F) To borrow on the global capital market 
and lend to regional, State, and local entities, 
and commercial banks for the purpose of fund-
ing infrastructure projects. 
(G) To purchase in the open market any of 
the Bank’s outstanding obligations at any time 
and at any price. 
(H) To monitor and oversee infrastructure 
projects financed, in whole or in part, by the 
Bank. 
(I) To acquire, lease, pledge, exchange, 
and dispose of real and personal property and 
otherwise exercise all the usual incidents of 
ownership of property to the extent the exercise 
of such powers are appropriate to and con-
sistent with the purposes of the Bank. 
(J) To sue and be sued in the Bank’s cor-
porate capacity in any court of competent juris-
diction, except that no attachment, injunction, 
or similar process, may be issued against the 
property of the Bank or against the Bank with 
respect to such property. 
(K) To indemnify the directors and officers 
of the Bank for liabilities arising out of the ac-
tions of the directors and officers in such capac-
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119 
ity, in accordance with, and subject to the limi-
tations contained in, this subtitle. 
(L) To serve as the primary liaison be-
tween the Bank, Congress, the executive 
branch, and State and local governments and to 
represent the Bank’s interests. 
(M) To exercise all other lawful powers 
which are necessary or appropriate to carry out, 
and are consistent with, the purposes of the 
Bank. 
(2) LIMITATIONS.— 
(A) ISSUANCE OF DEBT SECURITY.—The 
Board may not issue any debt security without 
the prior consent of the Secretary. 
(B) ISSUANCE OF VOTING SECURITY.—The 
Board may not issue any voting security in the 
Bank to any entity other than the Secretary. 
(3) ACTIONS
CONSISTENT
WITH
SELF-SUP-
PORTING ENTITY STATUS.—The Board shall conduct 
its business in a manner consistent with the require-
ments of this section. 
(4) COORDINATION
WITH
STATE
AND
LOCAL 
REGULATORY AUTHORITY.—The provision of finan-
cial assistance by the Board pursuant to this subtitle 
shall not be construed as— 
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(A) limiting the right of any State or polit-
ical subdivision or other instrumentality of a 
State to approve or regulate rates of return on 
private equity invested in a project; or 
(B) otherwise superseding any State law or 
regulation applicable to a project. 
(5) FEDERAL
PERSONNEL
REQUESTS.—The 
Board shall have the power to request the detail, on 
a reimbursable basis, of personnel from other Fed-
eral agencies with specific expertise not available 
from within the Bank or elsewhere. The head of any 
Federal agency may detail, on a reimbursable basis, 
any personnel of such agency requested by the 
Board and shall not withhold unreasonably the de-
tail of any personnel requested by the Board. 
(l) MEETINGS.— 
(1) OPEN TO THE PUBLIC; NOTICE.—All meet-
ings of the Board held to conduct the business of the 
Bank shall be open to the public and shall be pre-
ceded by reasonable notice. 
(2) INITIAL MEETING.—The Board shall meet 
not later than 90 days after the date on which all 
directors of the Board are first appointed and other-
wise at the call of the Chairperson. 
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(3) EXCEPTION FOR CLOSED MEETINGS.—Pur-
suant to such rules as the Board may establish 
through their bylaws, the directors may close a 
meeting of the Board if, at the meeting, there is 
likely to be disclosed information which could ad-
versely affect or lead to speculation relating to an in-
frastructure project under consideration for assist-
ance under this subtitle or in financial or securities 
or commodities markets or institutions, utilities, or 
real estate. The determination to close any meeting 
of the Board shall be made in a meeting of the 
Board, open to the public, and preceded by reason-
able notice. The Board shall prepare minutes of any 
meeting which is closed to the public and make such 
minutes available as soon as the considerations ne-
cessitating closing such meeting no longer apply. 
SEC. 1406. EXECUTIVE COMMITTEE. 
(a) IN GENERAL.—The Board shall have an executive 
committee consisting of 9 members, headed by the execu-
tive director of the Bank. 
(b) EXECUTIVE DIRECTOR.—A majority of the Board 
shall have the authority to appoint and reappoint the exec-
utive director. 
(c) CEO.—The executive director shall be the chief 
executive officer of the Bank, with such executive func-
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tions, powers, and duties as may be prescribed by this sub-
title, the bylaws of the Bank, or the Board. 
(d) OTHER EXECUTIVE OFFICERS.—The Board shall 
appoint, remove, fix the compensation, and define duties 
of 8 other executive officers to serve on the Executive 
Committee as the— 
(1) chief compliance officer; 
(2) chief financial officer; 
(3) chief asset and liability management officer; 
(4) chief loan origination officer; 
(5) chief operations officer; 
(6) chief risk officer; 
(7) chief treasury officer; and 
(8) general counsel. 
(e) QUALIFICATIONS.—The executive director and 
other executive officers shall have demonstrated experience 
and expertise in one or more of the following: 
(1) Transportation infrastructure. 
(2) Environmental infrastructure. 
(3) Energy infrastructure. 
(4) Telecommunications infrastructure. 
(5) Economic development. 
(6) Workforce development. 
(7) Public health. 
(8) Private or public finance. 
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(f) DUTIES.—In order to carry out the purposes of 
the Bank as set forth in this subtitle, the executive com-
mittee shall— 
(1) establish disclosure and application proce-
dures for entities nominating projects for assistance 
under this subtitle; 
(2) accept, for consideration, project proposals 
relating to the development of infrastructure 
projects, which meet the basic criteria established by 
the Board, and which are submitted by an entity; 
(3) provide recommendations to the Board and 
place project proposals accepted by the executive 
committee on a list for consideration for financial 
assistance from the Board; and 
(4) provide technical assistance to entities re-
ceiving financing from the Bank and otherwise im-
plement decisions of the Board. 
(g) VACANCY.—A vacancy in the position of executive 
director shall be filled in the manner in which the original 
appointment was made. 
(h) COMPENSATION.—The compensation of the exec-
utive director and other executive officers of the executive 
committee shall be determined by the Board. 
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(i) REMOVAL.—The executive director and other ex-
ecutive officers may be removed at the discretion of a ma-
jority of the Board. 
(j) TERM.—The executive director and other execu-
tive officers shall serve a 6-year term and may be re-
appointed in accordance with this section. 
(k) LIMITATIONS.—The executive director and other 
executive officers shall not— 
(1) hold any other public office; 
(2) have any interest in an infrastructure 
project considered by the Board; 
(3) have any interest in an investment institu-
tion, commercial bank, or other entity seeking finan-
cial assistance for any infrastructure project from 
the Bank; and 
(4) have any such interest during the 2-year pe-
riod beginning on the date such officer ceases to 
serve in such capacity. 
SEC. 1407. RISK MANAGEMENT COMMITTEE. 
(a) ESTABLISHMENT OF RISK MANAGEMENT COM-
MITTEE.—The Bank shall establish a risk management 
committee consisting of 5 members, headed by the chief 
risk officer. 
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125 
(b) APPOINTMENTS.—A majority of the Board shall 
have the authority to appoint and reappoint the CRO of 
the Bank. 
(c) FUNCTIONS; DUTIES.— 
(1) IN GENERAL.—The CRO shall have such 
functions, powers, and duties as may be prescribed 
by one or more of the following: This subtitle, the 
bylaws of the Bank, and the Board. The CRO shall 
report directly to the Board. 
(2) RISK MANAGEMENT DUTIES.—In order to 
carry out the purposes of this subtitle, the risk man-
agement committee shall— 
(A) create financial, credit, and operational 
risk management guidelines and policies to be 
adhered to by the Bank; 
(B) set guidelines to ensure diversification 
of lending activities by both region and infra-
structure project type; 
(C) create conforming standards for infra-
structure finance securities; 
(D) monitor financial, credit and oper-
ational exposure of the Bank; and 
(E) provide financial recommendations to 
the Board. 
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126 
(d) OTHER RISK MANAGEMENT OFFICERS.—The 
Board shall appoint, remove, fix the compensation, and 
define the duties of 4 other risk management officers to 
serve on the risk management committee. 
(e) QUALIFICATIONS.—The CRO and other risk man-
agement officers shall have demonstrated experience and 
expertise in one or more of the following: 
(1) Treasury and asset and liability manage-
ment. 
(2) Investment regulations. 
(3) Insurance. 
(4) Credit risk management and credit evalua-
tions. 
(5) Related disciplines. 
(f) VACANCY.—A vacancy in the position of CRO or 
any other risk management officer shall be filled in the 
manner in which the original appointment was made. 
(g) COMPENSATION.—The compensation of the CRO 
and other risk management officers shall be determined 
by the Board. 
(h) REMOVAL.—The CRO and any other risk man-
agement officers may be removed at the discretion of a 
majority of the Board. 
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127 
(i) TERM.—The CRO and other risk management of-
ficers shall serve a 6-year term and may be reappointed 
in accordance with this section. 
(j) LIMITATIONS.—The CRO and other risk manage-
ment officers shall not— 
(1) hold any other public office; 
(2) have any interest in an infrastructure 
project considered by the Board; 
(3) have any interest in an investment institu-
tion, commercial bank, or other entity seeking finan-
cial assistance for any infrastructure project from 
the Bank; and 
(4) have any such interest during the 2-year pe-
riod beginning on the date such officer ceases to 
serve in such capacity. 
SEC. 1408. AUDIT COMMITTEE. 
(a) IN GENERAL.—The Bank shall have an audit 
committee consisting of 5 members, headed by the chief 
compliance officer of the Bank. 
(b) APPOINTMENTS.—A majority of the Board shall 
have the authority to appoint and reappoint the CCO of 
the Bank. 
(c) FUNCTIONS; DUTIES.—The CCO shall have such 
functions, powers, and duties as may be prescribed by one 
or more of the following: This subtitle, the bylaws of the 
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128 
Bank, and the Board. The CCO shall report directly to 
the Board. 
(d) AUDIT DUTIES.—In order to carry out the pur-
poses of the Bank under this subtitle, the audit committee 
shall— 
(1) provide internal controls and internal audit-
ing activities for the Bank; 
(2) maintain responsibility for the accounting 
activities of the Bank; 
(3) issue financial reports of the Bank; and 
(4) complete reports with outside auditors and 
public accountants appointed by the Board. 
(e) OTHER AUDIT OFFICERS.—The Board shall ap-
point, remove, fix the compensation, and define the duties 
of 4 other audit officers to serve on the audit committee. 
(f) QUALIFICATIONS.—The CCO and other audit offi-
cers shall have demonstrated experience and expertise in 
one or more of the following: 
(1) Internal auditing. 
(2) Internal investigations. 
(3) Accounting practices. 
(4) Financing practices. 
(g) VACANCY.—A vacancy in the position of CCO or 
any other audit officer shall be filled in the manner in 
which the original appointment was made. 
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129 
(h) COMPENSATION.—The compensation of the CCO 
and other audit officers shall be determined by the Board. 
(i) REMOVAL.—The CCO and other audit officers 
may be removed at the discretion of a majority of the 
Board. 
(j) TERM.—The CCO and other audit officers shall 
serve a 6-year term and may be reappointed in accordance 
with this section. 
(k) LIMITATIONS.—The CCO and other audit officers 
shall not— 
(1) hold any other public office; 
(2) have any interest in an infrastructure 
project considered by the Board; 
(3) have any interest in an investment institu-
tion, commercial bank, or other entity seeking finan-
cial assistance for any infrastructure project from 
the Bank; and 
(4) have any such interest during the 2-year pe-
riod beginning on the date such officer ceases to 
serve in such capacity. 
SEC. 1409. PERSONNEL. 
The chairperson of the Board, executive director, 
chief risk officer, and chief compliance officer shall ap-
point, remove, fix the compensation of, and define the du-
ties of such qualified personnel to serve under the Board, 
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130 
executive committee, risk management committee, or 
audit committee, as the case may be, as necessary and 
prescribed by one or more of the following: This subtitle, 
the bylaws of the Bank, and the Board. 
SEC. 1410. ELIGIBILITY CRITERIA FOR ASSISTANCE FROM 
BANK. 
(a) IN GENERAL.—No financial assistance shall be 
available under this subtitle from the Bank unless the ap-
plicant for such assistance has demonstrated to the satis-
faction of the Board that the project for which such assist-
ance is being sought meets— 
(1) the requirements of this subtitle; and 
(2) any criteria established in accordance with 
this subtitle by the Board. 
(b) ESTABLISHMENT OF PROJECT CRITERIA.— 
(1) IN GENERAL.—Consistent with the require-
ments of subsections (c) and (d), the Board shall es-
tablish— 
(A) criteria for determining eligibility for 
financial assistance under this subtitle; 
(B) disclosure and application procedures 
to be followed by entities to nominate projects 
for assistance under this subtitle; and 
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(C) such other criteria as the Board may 
consider to be appropriate for purposes of car-
rying out this subtitle. 
(2) FACTORS TO BE TAKEN INTO ACCOUNT.— 
(A) IN GENERAL.—The Bank shall con-
duct an analysis that takes into account the 
economic, environmental, social benefits, and 
costs of each project under consideration for fi-
nancial 
assistance 
under 
this 
subtitle, 
prioritizing projects that contribute to economic 
growth, lead to job creation, and are of regional 
or national significance. 
(B) CRITERIA.—The criteria established 
pursuant to paragraph (1)(A) shall provide for 
the consideration of the following factors in 
considering eligibility for financial assistance 
under this subtitle: 
(i) The means by which development 
of the infrastructure project under consid-
eration is being financed, including— 
(I) the terms and conditions and 
financial structure of the proposed fi-
nancing; 
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132 
(II) the financial assumptions 
and projections on which the project 
is based; and 
(III) the extent to which the in-
frastructure project maximizes invest-
ment from other sources. 
(ii) The likelihood that the provision 
of assistance by the Bank will cause such 
development to proceed more promptly and 
with lower costs for financing than would 
be the case without such assistance. 
(iii) The extent to which the provision 
of assistance by the Bank maximizes the 
level of private investment in the infra-
structure project while providing a public 
benefit. 
(c) FACTORS FOR SPECIFIC TYPES OF PROJECTS.— 
(1) 
TRANSPORTATION
INFRASTRUCTURE 
PROJECTS.—For any transportation infrastructure 
project, the Board shall consider the following: 
(A) Job creation, including workforce de-
velopment for women and minorities, respon-
sible employment practices, and quality job 
training opportunities. 
(B) Reduction in carbon emissions. 
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(C) Reduction in surface and air traffic 
congestion. 
(D) Poverty and inequality reduction 
through targeted training and employment op-
portunities for low-income workers. 
(E) Use of smart tolling, such as vehicle 
miles traveled and congestion pricing, for high-
way, road, and bridge projects. 
(F) Public health benefits. 
(2) 
ENVIRONMENTAL
INFRASTRUCTURE 
PROJECT.—For any environmental infrastructure 
project, the Board shall consider the following: 
(A) Public health benefits. 
(B) Pollution reductions. 
(C) Job creation, including workforce de-
velopment for women and minorities, respon-
sible employment practices, and quality job 
training opportunities. 
(D) Poverty and inequality reduction 
through targeted training and employment op-
portunities for low-income workers. 
(3) ENERGY INFRASTRUCTURE PROJECT.—For 
any energy infrastructure project, the Board shall 
consider the following: 
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134 
(A) Job creation, including workforce de-
velopment for women and minorities, respon-
sible employment practices, and quality job 
training opportunities. 
(B) Poverty and inequality reduction 
through targeted training and employment op-
portunities for low-income workers. 
(C) Reduction in carbon emissions. 
(D) Expanded use of renewable energy. 
(E) Development of a smart grid. 
(F) Energy efficient building, housing, and 
school modernization. 
(G) In any case in which the project is also 
a public housing project— 
(i) improvement of the physical shape 
and layout; 
(ii) environmental improvement; and 
(iii) mobility improvements for resi-
dents. 
(H) Public health benefits. 
(4) TELECOMMUNICATIONS.—For any tele-
communications project, the Board shall consider 
the following: 
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135 
(A) The extent to which assistance ex-
pands or improves broadband and wireless serv-
ices in rural and disadvantaged communities. 
(B) Poverty and inequality reduction 
through targeted training and employment op-
portunities for low-income workers. 
(C) Job creation, including work force de-
velopment for women and minorities, respon-
sible employment practices, and quality job 
training opportunities. 
(d) CONSIDERATION OF PROJECT PROPOSALS.— 
(1) PARTICIPATION
BY
OTHER
AGENCY
PER-
SONNEL.—Consideration of projects by the executive 
committee and the Board shall be conducted with 
personnel on detail to the Bank from relevant Fed-
eral agencies from among individuals who are famil-
iar with and experienced in the selection criteria for 
competitive projects. 
(2) FEES.—A fee may be charged for the re-
view of any project proposal in such amount as 
maybe considered appropriate by the executive com-
mittee to cover the cost of such review. 
(e) DISCRETION OF BOARD.—Consistent with other 
provisions of this subtitle, any determination of the Board 
to provide assistance to any project, and the manner in 
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136 
which such assistance is provided, including the terms, 
conditions, fees, and charges shall be at the sole discretion 
of the Board. 
(f) STATE AND LOCAL PERMITS REQUIRED.—The 
provision of assistance by the Board in accordance with 
this subtitle shall not be deemed to relieve any recipient 
of assistance or the related project of any obligation to 
obtain required State and local permits and approvals. 
(g) ANNUAL REPORT.—An entity receiving assistance 
from the Board shall make annual reports to the Board 
on the use of any such assistance, compliance with the 
criteria set forth in this section, and a disclosure of all 
entities with a development, ownership, or operational in-
terest in a project assisted or proposed to be assisted 
under this subtitle. 
SEC. 1411. EXEMPTION FROM LOCAL TAXATION. 
All notes, debentures, bonds or other such obligations 
issued by the Bank, and the interest on or credits with 
respect to such bonds or other obligations, shall not be 
subject to taxation by any State, county, municipality, or 
local taxing authority. 
SEC. 1412. STATUS AND APPLICABILITY OF CERTAIN FED-
ERAL LAWS; NO FULL FAITH AND CREDIT. 
(a) BUDGETING AND AUDITORS PRACTICES.—The 
Bank shall comply with all Federal laws regulating the 
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137 
budgetary and auditing practices of a government corpora-
tion, except as otherwise provided in this subtitle. 
(b) NO FULL FAITH AND CREDIT OF THE UNITED 
STATES.—Obligations of the Bank shall not be obligations 
of, or guaranteed as to principal or interest by, the United 
States or any agency of the United States and the obliga-
tions shall so plainly state. 
(c) EFFECT
OF
AND EXEMPTIONS FROM OTHER 
LAWS.— 
(1) EXEMPT SECURITIES.—All debt securities 
and other obligations issued by the Bank pursuant 
to this subtitle shall be deemed to be exempt securi-
ties within the meaning of laws administered by the 
Securities and Exchange Commission to the same 
extent as securities which are direct obligations of, 
or obligations fully guaranteed as to principal or in-
terest by, the United States. 
(2) OPEN
MARKET
OPERATIONS
AND
STATE 
TAX EXEMPT STATUS.—The obligations of the Bank 
shall be deemed to be obligations of the United 
States for the purposes of the provision designated 
as (b)(2) of the 2nd undesignated paragraph of sec-
tion 14 of the Federal Reserve Act (12 U.S.C. 355) 
and section 3124 of title 31, United States Code. 
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(3) NO PRIORITY AS A FEDERAL CLAIM.—The 
priority established in favor of the United States by 
section 3713 of title 31, United States Code, shall 
not apply with respect to any indebtedness of the 
Bank. 
(d) FEDERAL RESERVE BANKS AS DEPOSITORIES, 
CUSTODIANS, AND FISCAL AGENTS.—The Federal reserve 
banks may act as depositories for, or custodians or fiscal 
agents of, the Bank. 
(e) ACCESS
TO BOOK-ENTRY SYSTEM.—The Sec-
retary may authorize the Bank to use the book-entry sys-
tem of the Federal reserve system. 
SEC. 1413. COMPLIANCE WITH DAVIS-BACON ACT. 
All laborers and mechanics employed by contractors 
and subcontractors on projects funded directly by or as-
sisted in whole or in part by and through the Bank pursu-
ant to this subtitle shall be paid wages at rates not less 
than those prevailing on projects of a character similar 
in the locality as determined by the Secretary of Labor 
in accordance with subchapter IV of chapter 31 of part 
A of title 40, United States Code. With respect to the 
labor standards specified in this section, the Secretary of 
Labor shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 
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1267; 5 U.S.C. App.) and section 3145 of title 40, United 
States Code. 
SEC. 1414. APPLICABILITY OF CERTAIN STATE LAWS. 
The receipt by any entity of any assistance under this 
subtitle, directly or indirectly, and any financial assistance 
provided by any governmental entity in connection with 
such assistance under this subtitle shall be valid and law-
ful notwithstanding any State or local restrictions regard-
ing extensions of credit or other benefits to private persons 
or entities, or other similar restrictions. 
SEC. 1415. AUDITS; REPORTS TO PRESIDENT AND CON-
GRESS. 
(a) ACCOUNTING.—The books of account of the Bank 
shall be maintained in accordance with generally accepted 
accounting principles and shall be subject to an annual 
audit by independent public accountants appointed by the 
Board and of nationally recognized standing. 
(b) REPORTS.— 
(1) BOARD.—The Board shall submit to the 
President and Congress, within 90 days after the 
last day of each fiscal year, a complete and detailed 
report with respect to the preceding fiscal year, set-
ting forth— 
(A) a summary of the Bank’s operations, 
for such preceding fiscal year; 
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(B) a schedule of the Bank’s obligations 
and capital securities outstanding at the end of 
such preceding fiscal year, with a statement of 
the amounts issued and redeemed or paid dur-
ing such preceding fiscal year; and 
(C) the status of projects receiving funding 
or other assistance pursuant to this subtitle, in-
cluding disclosure of all entities with a develop-
ment, ownership, or operational interest in such 
projects. 
(2) GAO.—Not later than 5 years after the 
date of enactment of this subtitle, the Comptroller 
General of the United States shall submit to Con-
gress a report evaluating activities of the Bank for 
the fiscal years covered by the report that includes 
an assessment of the impact and benefits of each 
funded project, including a review of how effectively 
each project accomplished the goals prioritized by 
the Bank’s project criteria. 
(c) BOOKS AND RECORDS.— 
(1) IN
GENERAL.—The Bank shall maintain 
adequate books and records to support the financial 
transactions of the Bank with a description of finan-
cial transactions and infrastructure projects receiv-
ing funding, and the amount of funding for each 
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project maintained on a publically accessible data-
base. 
(2) AUDITS BY THE SECRETARY AND GAO.— 
The books and records of the Bank shall be main-
tained in accordance with recommended accounting 
practices and shall be open to inspection by the Sec-
retary and the Comptroller General of the United 
States. 
SEC. 1416. CAPITALIZATION OF BANK. 
(a) AUTHORIZATION OF APPROPRIATION.—There is 
authorized to be appropriated to the Secretary for pur-
chase of the shares of the Bank $5,000,000,000 for each 
of fiscal years 2012, 2013, 2014, 2015, and 2016 with 
the aggregate representing 10 percent of the total sub-
scribed capital of the Bank. 
(b) CALLABLE CAPITAL.—Of the total subscribed 
capital of the Bank, 90 percent shall be callable capital 
subject to call from the Secretary only as and when re-
quired by the Bank to meet its obligations on borrowing 
of funds for inclusion in its ordinary capital resources or 
guarantees chargeable to such resources. 
(c) OUTSTANDING LOANS.—At any time, the aggre-
gate amount outstanding of bonds issued by the Bank 
shall not exceed 250 percent of its total subscribed capital. 
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SEC. 1417. SUNSET. 
The Bank shall cease to exist 15 years after the date 
of enactment of this subtitle. 
Subtitle E—Wounded Veteran Job 
Security Act 
SEC. 1501. SHORT TITLE. 
This subtitle may be cited as the ‘‘Wounded Veteran 
Job Security Act’’. 
SEC. 1502. EXPANSION OF DEFINITION OF SERVICE IN UNI-
FORMED 
SERVICES 
FOR 
PURPOSES 
OF 
USERRA. 
Section 4303(13) of title 38, United States Code, is 
amended to read as follows: 
‘‘(13) The term ‘service in the uniformed serv-
ices’ means the performance of duty on a voluntary 
or involuntary basis in a uniformed service under 
competent authority and includes active duty, active 
duty for training, initial active duty for training, in-
active duty training, full-time National Guard duty, 
a period for which a person is absent from a position 
of employment for the purpose of an examination to 
determine the fitness of the person to perform any 
such duty, a period for which a person is absent 
from employment for the purpose of performing fu-
neral honors duty as authorized by section 12503 of 
title 10 or section 115 of title 32, and a period for 
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which a person is absent from a position of employ-
ment for the purpose of obtaining medical treatment 
for an injury or illness recognized by the Secretary 
of Veterans Affairs as a service-connected, or for 
which a ‘line of duty’ document has been granted by 
the Secretary of Defense.’’. 
SEC. 1503. DOCUMENTATION OF TREATMENT FOR PUR-
POSES OF REEMPLOYMENT UNDER USERRA. 
Section 4312(f) of such title is amended— 
(1) by redesignating paragraphs (2) through 
(4) as paragraphs (3) through (5); 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) A person who submits an application for reem-
ployment due to an absence for the purpose of obtaining 
medical treatment for an injury or illness referred to in 
section 4303(13) of this title shall provide to the person’s 
employer (upon the request of such employer) documenta-
tion to establish the individual’s eligibility for reemploy-
ment on that basis. Such an application shall include suffi-
cient documentation to establish a link between the injury 
or illness and the medical treatment the person obtained.’’; 
(3) in paragraph (3), as so redesignated, by 
striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 
(1) or paragraph (2)’’; and 
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(4) in paragraph (4)(A), as so redesignated— 
(A) by striking ‘‘paragraph (2)’’ and in-
serting ‘‘paragraph (3)’’; and 
(B) by striking ‘‘paragraph (1)’’ and in-
serting ‘‘paragraph (1) or should be deemed in-
eligible for reemployment on the grounds of 
paragraph (2)’’. 
SEC. 1504. NOTIFICATION OF EMPLOYER OF INTENT TO RE-
TURN TO A POSITION OF EMPLOYMENT. 
Section 4312(e)(1)(A) of such title is amended by in-
serting after ‘‘31 days’’ the following: ‘‘or a person who 
was absent from a position of employment for the purpose 
of obtaining medical treatment for an injury or illness rec-
ognized by the Secretary of Veterans Affairs as a service- 
connected, or for which a ‘line of duty’ document has been 
granted by the Secretary of Defense’’. 
SEC. 1505. EFFECTIVE DATE. 
The amendments made by this subtitle shall take ef-
fect on the date that is 90 days after the date of the enact-
ment of this subtitle. 
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Subtitle F—Emergency Unemploy-
ment Compensation Extension 
Act of 2011 
SEC. 1601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Emergency Unem-
ployment Compensation Extension Act of 2011’’. 
SEC. 1602. EXTENSION OF EMERGENCY UNEMPLOYMENT 
COMPENSATION PROGRAM. 
(a) IN GENERAL.—Section 4007 of the Supplemental 
Appropriations Act, 2008 (Public Law 110–252; 26 
U.S.C. 3304 note) is amended— 
(1) by striking ‘‘January 3, 2012’’ each place 
it appears and inserting ‘‘January 3, 2013’’; 
(2) in the heading for subsection (b)(2), by 
striking ‘‘JANUARY 3, 2012’’ and inserting ‘‘JANUARY 
3, 2013’’; and 
(3) in subsection (b)(3), by striking ‘‘June 9, 
2012’’ and inserting ‘‘June 8, 2013’’. 
(b) FUNDING.—Section 4004(e)(1) of the Supple-
mental Appropriations Act, 2008 (Public Law 110–252; 
26 U.S.C. 3304 note) is amended— 
(1) in subparagraph (F), by striking ‘‘and’’ at 
the end; and 
(2) by inserting after subparagraph (G) the fol-
lowing: 
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‘‘(H) the amendments made by section 
1602(a) of the Emergency Unemployment Com-
pensation Extension Act of 2011; and’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in the enact-
ment of the Tax Relief, Unemployment Insurance Reau-
thorization, and Job Creation Act of 2010 (Public Law 
111–312; 26 U.S.C. 3304 note). 
SEC. 1603. TEMPORARY EXTENSION OF EXTENDED BENEFIT 
PROVISIONS. 
(a) IN GENERAL.—Section 2005 of the Assistance for 
Unemployed Workers and Struggling Families Act, as 
contained in Public Law 111–5 (26 U.S.C. 3304 note), 
is amended— 
(1) by striking ‘‘January 4, 2012’’ each place 
it appears and inserting ‘‘January 4, 2013’’; and 
(2) in subsection (c), by striking ‘‘June 11, 
2012’’ and inserting ‘‘June 11, 2013’’. 
(b) EXTENSION OF MATCHING FOR STATES WITH 
NO WAITING WEEK.—Section 5 of the Unemployment 
Compensation Extension Act of 2008 (Public Law 110– 
449; 26 U.S.C. 3304 note) is amended by striking ‘‘June 
10, 2012’’ and inserting ‘‘June 9, 2013’’. 
(c) EXTENSION OF MODIFICATION OF INDICATORS 
UNDER THE EXTENDED BENEFIT PROGRAM.—Section 
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203 of the Federal-State Extended Unemployment Com-
pensation Act of 1970 (26 U.S.C. 3304 note) is amend-
ed— 
(1) in subsection (d), by striking ‘‘December 
31, 2011’’ and inserting ‘‘December 31, 2012’’; and 
(2) in subsection (f)(2), by striking ‘‘December 
31, 2011’’ and inserting ‘‘December 31, 2012’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in the enact-
ment of the Tax Relief, Unemployment Insurance Reau-
thorization, and Job Creation Act of 2010 (Public Law 
111–312; 26 U.S.C. 3304 note). 
Subtitle G—Emergency Unemploy-
ment Compensation Expansion 
Act of 2011 
SEC. 1701. SHORT TITLE. 
This subtitle may be cited as the ‘‘Emergency Unem-
ployment Compensation Expansion Act of 2011’’. 
SEC. 1702. ADDITIONAL FIRST-TIER EMERGENCY UNEM-
PLOYMENT COMPENSATION. 
(a) IN GENERAL.—Section 4002(b)(1) of the Supple-
mental Appropriations Act, 2008 (Public Law 110–252; 
26 U.S.C. 3304 note) is amended— 
(1) in subparagraph (A), by striking ‘‘80’’ and 
inserting ‘‘131’’; and 
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(2) in subparagraph (B), by striking ‘‘20’’ and 
inserting ‘‘34’’. 
(b) COORDINATION RULE.—Section 4002(f) of such 
Act is amended by adding at the end the following: 
‘‘(3) RULES RELATING TO ADDITIONAL WEEKS 
OF FIRST-TIER EMERGENCY UNEMPLOYMENT COM-
PENSATION.— 
‘‘(A) IN GENERAL.—If a State determines 
that implementation of the increased entitle-
ment to first-tier emergency unemployment 
compensation by reason of the amendments 
made by section 1702(a) of the Emergency Un-
employment Compensation Expansion Act of 
2011 would unduly delay the prompt payment 
of 
emergency 
unemployment 
compensation 
under this title, such State may elect to pay 
second-tier, third-tier, or fourth-tier emergency 
unemployment compensation (or a combination 
of those tiers) prior to the payment of such in-
creased 
first-tier 
emergency 
unemployment 
compensation until such time as such State de-
termines that such increased first-tier emer-
gency unemployment compensation may be paid 
without undue delay. 
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‘‘(B) SPECIAL RULES.—If a State makes 
an election under subparagraph (A) which re-
sults in— 
‘‘(i) the payment of second-tier (but 
not third-tier) emergency unemployment 
compensation prior to the payment of in-
creased first-tier emergency unemployment 
compensation, then, for purposes of deter-
mining whether an account may be aug-
mented for third-tier emergency unemploy-
ment compensation under subsection (d), 
such State shall treat the date of exhaus-
tion of such increased first-tier emergency 
unemployment compensation as the date of 
exhaustion of second-tier emergency unem-
ployment compensation, if such date is 
later than the date of exhaustion of the 
second-tier emergency unemployment com-
pensation; or 
‘‘(ii) the payment of third-tier emer-
gency unemployment compensation prior to 
the payment of increased first-tier emer-
gency unemployment compensation, then, 
for purposes of determining whether an ac-
count may be augmented for fourth-tier 
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emergency 
unemployment 
compensation 
under subsection (e), such State shall treat 
the date of exhaustion of such increased 
first-tier emergency unemployment com-
pensation as the date of exhaustion of 
third-tier emergency unemployment com-
pensation, if such date is later than the 
date of exhaustion of the third-tier emer-
gency unemployment compensation. 
‘‘(4) COORDINATION
OF
MODIFICATIONS
(RE-
LATING
TO
ADDITIONAL
FIRST-TIER
EMERGENCY 
UNEMPLOYMENT COMPENSATION) WITH EXTENDED 
COMPENSATION.—Notwithstanding an election under 
section 4001(e) by a State to provide for the pay-
ment of emergency unemployment compensation 
prior to extended compensation, such State may pay 
extended compensation to an otherwise eligible indi-
vidual prior to any additional emergency unemploy-
ment compensation under subsection (b) (payable by 
reason of the amendments made by section 1702(a) 
of the Emergency Unemployment Compensation Ex-
pansion Act of 2011), if such individual claimed ex-
tended compensation for at least 1 week of unem-
ployment after the exhaustion of emergency unem-
ployment compensation under subsection (b) (as 
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such subsection was in effect on the day before the 
date of the enactment of this paragraph), (c), (d), 
or (e).’’. 
(c) FUNDING.—Section 4004(e)(1) of such Act, as 
amended by section 1602(b) of the Emergency Unemploy-
ment Compensation Extension Act of 2011, is further 
amended— 
(1) in subparagraph (G), by striking ‘‘and’’ at 
the end; and 
(2) by inserting after subparagraph (H) the fol-
lowing: 
‘‘(I) the amendments made by section 
1702(a) of the Emergency Unemployment Com-
pensation Expansion Act of 2011; and’’. 
SEC. 1703. REGULATIONS. 
The Secretary of Labor may prescribe any operating 
instructions or regulations necessary to carry out this sub-
title and the amendments made by this subtitle. 
SEC. 1704. EFFECTIVE DATE. 
The amendments made by this subtitle shall take ef-
fect as if included in the enactment of the Unemployment 
Compensation Extension Act of 2010 (Public Law 111– 
205), except that no additional first-tier emergency unem-
ployment compensation shall be payable by virtue of the 
amendments made by section 1702(a) with respect to any 
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week of unemployment commencing before the date of the 
enactment of this subtitle. 
Subtitle H—Currency Reform for 
Fair Trade Act 
SEC. 1801. SHORT TITLE. 
This subtitle may be cited as the ‘‘Currency Reform 
for Fair Trade Act’’. 
SEC. 1802. CLARIFICATION REGARDING DEFINITION OF 
COUNTERVAILABLE SUBSIDY. 
(a) BENEFIT CONFERRED.—Section 771(5)(E) of 
the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) is amend-
ed— 
(1) in clause (iii), by striking ‘‘and’’ at the end; 
(2) in clause (iv), by striking the period at the 
end and inserting ‘‘, and’’; and 
(3) by inserting after clause (iv) the following 
new clause: 
‘‘(v) in the case in which the currency 
of a country in which the subject merchan-
dise is produced is exchanged for foreign 
currency obtained from export trans-
actions, and the currency of such country 
is a fundamentally undervalued currency, 
as defined in paragraph (37), the dif-
ference between the amount of the cur-
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rency of such country provided and the 
amount of the currency of such country 
that would have been provided if the real 
effective exchange rate of the currency of 
such country were not undervalued, as de-
termined pursuant to paragraph (38).’’. 
(b) EXPORT SUBSIDY.—Section 771(5A)(B) of the 
Tariff Act of 1930 (19 U.S.C. 1677(5A)(B)) is amended 
by adding at the end the following new sentence: ‘‘In the 
case of a subsidy relating to a fundamentally undervalued 
currency, the fact that the subsidy may also be provided 
in circumstances not involving export shall not, for that 
reason alone, mean that the subsidy cannot be considered 
contingent upon export performance.’’. 
(c) DEFINITION
OF
FUNDAMENTALLY
UNDER-
VALUED CURRENCY.—Section 771 of the Tariff Act of 
1930 (19 U.S.C. 1677) is amended by adding at the end 
the following new paragraph: 
‘‘(37) FUNDAMENTALLY
UNDERVALUED
CUR-
RENCY.—The administering authority shall deter-
mine that the currency of a country in which the 
subject merchandise is produced is a ‘fundamentally 
undervalued currency’ if— 
‘‘(A) the government of the country (in-
cluding any public entity within the territory of 
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the country) engages in protracted, large-scale 
intervention in one or more foreign exchange 
markets during part or all of the 18-month pe-
riod that represents the most recent 18 months 
for which the information required under para-
graph (38) is reasonably available, but that 
does not include any period of time later than 
the final month in the period of investigation or 
the period of review, as applicable; 
‘‘(B) the real effective exchange rate of the 
currency is undervalued by at least 5 percent, 
on average and as calculated under paragraph 
(38), relative to the equilibrium real effective 
exchange rate for the country’s currency during 
the 18-month period; 
‘‘(C) during the 18-month period, the 
country has experienced significant and per-
sistent global current account surpluses; and 
‘‘(D) during the 18-month period, the for-
eign asset reserves held by the government of 
the country exceed— 
‘‘(i) the amount necessary to repay all 
debt obligations of the government falling 
due within the coming 12 months; 
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‘‘(ii) 20 percent of the country’s 
money supply, using standard measures of 
M2; and 
‘‘(iii) the value of the country’s im-
ports during the previous 4 months.’’. 
(d) DEFINITION OF REAL EFFECTIVE EXCHANGE 
RATE UNDERVALUATION.—Section 771 of the Tariff Act 
of 1930 (19 U.S.C. 1677), as amended by subsection (c) 
of this section, is further amended by adding at the end 
the following new paragraph: 
‘‘(38) REAL
EFFECTIVE
EXCHANGE
RATE 
UNDERVALUATION.—The calculation of real effective 
exchange rate undervaluation, for purposes of para-
graph (5)(E)(v) and paragraph (37), shall— 
‘‘(A)(i) rely upon, and where appropriate 
be the simple average of, the results yielded 
from application of the approaches described in 
the guidelines of the International Monetary 
Fund’s Consultative Group on Exchange Rate 
Issues; or 
‘‘(ii) if the guidelines of the International 
Monetary Fund’s Consultative Group on Ex-
change Rate Issues are not available, be based 
on generally accepted economic and econometric 
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techniques and methodologies to measure the 
level of undervaluation; 
‘‘(B) rely upon data that are publicly avail-
able, reliable, and compiled and maintained by 
the International Monetary Fund or, if the 
International Monetary Fund cannot provide 
the data, by other international organizations or 
by national governments; and 
‘‘(C) use inflation-adjusted, trade-weighted 
exchange rates.’’. 
SEC. 1803. REPORT ON IMPLEMENTATION OF SUBTITLE. 
(a) IN GENERAL.—Not later than 9 months after the 
date of the enactment of this subtitle, the Comptroller 
General of the United States shall submit to Congress a 
report on the implementation of the amendments made by 
this subtitle. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include a description of the 
extent to which United States industries that have been 
materially injured by reason of imports of subject mer-
chandise produced in foreign countries with fundamentally 
undervalued currencies have received relief under title VII 
of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), as 
amended by this subtitle. 
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SEC. 1804. APPLICATION TO GOODS FROM CANADA AND 
MEXICO. 
Pursuant to article 1902 of the North American Free 
Trade Agreement and section 408 of the North American 
Free Trade Agreement Implementation Act of 1993 (19 
U.S.C. 3438), the amendments made by section 1802 shall 
apply to goods from Canada and Mexico. 
Subtitle I—Prioritize Emergency 
Job Creation Act 
SEC. 1851. SHORT TITLE. 
This subtitle may be cited as the ‘‘Prioritize Emer-
gency Job Creation Act’’. 
SEC. 1852. EMERGENCY JOB CREATION. 
Section 251(b)(2) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 is amended by adding 
at the end the following new subparagraph: 
‘‘(E) EMERGENCY JOB CREATION.—If, for 
fiscal years 2012 through 2021, appropriations 
for discretionary accounts are enacted that 
Congress designates and the President subse-
quently so designates as being for emergency 
job creation in statute, the adjustment for a fis-
cal year shall be the total of such appropria-
tions for the fiscal year in discretionary ac-
counts designated as being for emergency job 
creation.’’. 
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Subtitle J—Fair Employment 
Opportunity Act of 2011 
SEC. 1901. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fair Employment 
Opportunity Act of 2011’’. 
SEC. 1902. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that denial of em-
ployment opportunities to individuals because they are or 
have been unemployed is discriminatory and burdens com-
merce by— 
(1) reducing personal consumption and under-
mining economic stability and growth; 
(2) squandering human capital essential to the 
Nation’s economic vibrancy and growth; 
(3) increasing demands for State and Federal 
unemployment insurance benefits, reducing trust 
fund assets, and leading to higher payroll taxes for 
employers, cuts in benefits for jobless workers, or 
both; 
(4) imposing additional burdens on publicly 
funded health and welfare programs; and 
(5) depressing income, property, and other tax 
revenues that states, localities and the Federal Gov-
ernment rely on to support operations and institu-
tions essential to commerce. 
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(b) PURPOSE.—The purpose of this subtitle is to pro-
hibit consideration of an individual’s status as unemployed 
in screening for or filling positions except where a require-
ment related to employment status is a bona fide occupa-
tional qualification reasonably necessary to successful per-
formance in the job and to eliminate the burdens imposed 
on commerce by excluding such individuals from employ-
ment. 
SEC. 1903. DEFINITIONS. 
As used in this subtitle— 
(1) the term ‘‘employer’’ means any person en-
gaged in commerce or any industry or activity af-
fecting commerce who has 15 or more employees for 
each working day in each of 20 or more calendar 
weeks in the current or preceding calendar year, and 
includes— 
(A) any person who acts, directly or indi-
rectly, in the interest of an employer with re-
spect to employing individuals to work for the 
employer; and 
(B) any successor in interest of an em-
ployer; 
(2) the term ‘‘employment agency’’ means any 
person regularly undertaking with or without com-
pensation to procure employees for an employer or 
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to procure for individuals opportunities to work for 
an employer and includes an agent of such a person, 
and includes any person who maintains an Internet 
website that publishes advertisements or announce-
ments of job openings; 
(3) the term ‘‘affected individual’’ means any 
person who was refused consideration for employ-
ment or was not hired by an employer because of the 
person’s current employment status, or any person 
who was not considered, screened, or referred for 
employment opportunities by an employment agency 
because of the person’s current employment status; 
(4) the term ‘‘status as unemployed’’ means an 
individual’s present or past unemployment regard-
less of the length of time such individual was unem-
ployed; and 
(5) the term ‘‘Secretary’’ means the Secretary 
of Labor. 
SEC. 1904. PROHIBITED ACTS. 
(a) EMPLOYERS.—It shall be an unlawful practice for 
an employer to— 
(1) refuse to consider for employment or refuse 
to offer employment to an individual because of the 
individual’s status as unemployed; 
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(2) publish in print, on the Internet, or in any 
other medium, an advertisement or announcement 
for any job that includes— 
(A) any provision stating or indicating that 
an individual’s status as unemployed disquali-
fies the individual for a job; and 
(B) any provision stating or indicating that 
an employer will not consider an applicant for 
employment based on that individual’s status as 
unemployed; and 
(3) direct or request that an employment agen-
cy take an individual’s status as unemployed into ac-
count in screening or referring applicants for em-
ployment. 
(b) EMPLOYMENT AGENCIES.—It shall be an unlaw-
ful practice for an employment agency to— 
(1) refuse to consider or refer an individual for 
employment based on the individual’s status as un-
employed; 
(2) limit, segregate, or classify individuals in 
any manner that may limit their access to informa-
tion about jobs or referral for consideration of jobs 
because of their status as unemployed; or 
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(3) publish, in print or on the Internet or in 
any other medium, an advertisement or announce-
ment for any job vacancy that includes— 
(A) any provision stating or indicating that 
an individual’s status as unemployed disquali-
fies the individual for a job; and 
(B) any provision stating or indicating that 
an employer will not consider individuals for 
employment based on that individual’s status as 
unemployed. 
(c) INTERFERENCE WITH RIGHTS, PROCEEDINGS OR 
INQUIRIES.—It shall be unlawful for any employer or em-
ployment agency to— 
(1) interfere with, restrain, or deny the exercise 
of or the attempt to exercise, any right provided 
under this subtitle; or 
(2) refuse to hire, to discharge, or in any other 
manner to discriminate against any individual be-
cause such individual— 
(A) opposed any practice made unlawful by 
this subtitle; 
(B) has filed any charge, or has instituted 
or caused to be instituted any proceeding, 
under or related to this subtitle; 
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(C) has given, or is about to give, any in-
formation in connection with any inquiry or 
proceeding relating to any right provided under 
this subtitle; or 
(D) has testified, or is about to testify, in 
any inquiry or proceeding relating to any right 
provided under this subtitle. 
(d) BONA FIDE OCCUPATIONAL QUALIFICATION.— 
Notwithstanding any other provision of this subtitle, con-
sideration by an employer or employment agency of an in-
dividual’s status as unemployed shall not be an unlawful 
employment practice where an individual’s employment in 
a similar or related job for a period of time reasonably 
proximate to the hiring of such individual is a bona fide 
occupational qualification reasonably necessary to success-
ful performance of the job that is being filled. 
SEC. 1905. ENFORCEMENT. 
(a) CIVIL ACTION BY INDIVIDUAL.— 
(1) LIABILITY FOR EMPLOYERS AND EMPLOY-
MENT
AGENCIES.—Any employer or employment 
agency that violates section 1904(a) or (b) shall be 
liable to any affected individual— 
(A) for actual damages equal to— 
(i) the amount of— 
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(I) any wages, salary, employ-
ment benefits, or other compensation 
denied or lost to such individual by 
reason of the violation; or 
(II) in a case in which wages, 
salary, employment benefits, or other 
compensation have not been denied or 
lost to the individual, any actual mon-
etary losses sustained by the indi-
vidual as a direct result of the viola-
tion or a civil penalty of $1,000 per 
violation per day, whichever is great-
er; 
(ii) the interest on the amount de-
scribed in clause (i) calculated at the pre-
vailing rate; and 
(iii) an additional amount as liq-
uidated damages equal to the sum of the 
amount described in clause (i) and the in-
terest described in clause (ii), except that 
if an employer or employment agency that 
has violated section 1904 proves to the sat-
isfaction of the court that the act or omis-
sion that violated section 1904 was in good 
faith and that the employer had reasonable 
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grounds for believing that the act or omis-
sion was not a violation of section 1904, 
such court may, in its discretion, reduce 
the amount of the liability to the amount 
and interest determined under clauses (i) 
and (ii), respectively; and 
(B) for such equitable relief as may be ap-
propriate, including employment and compen-
satory and punitive damages. 
(2) RIGHT OF ACTION.—An action to recover 
the damages or equitable relief prescribed in para-
graph (1) of this subsection may be maintained 
against any employer or employment agency in any 
Federal or State court of competent jurisdiction by 
any one or more persons for and in behalf of— 
(A) the affected individual; or 
(B) the affected individual and other indi-
viduals similarly situated. 
(3) FEES AND COSTS.—The court in such an 
action shall, in addition to any judgment awarded to 
the plaintiff, allow a reasonable attorney’s fee, rea-
sonable expert witness fees, and other costs of the 
action to be paid by the defendant. 
(4) LIMITATIONS.—The right provided by para-
graph (2) of this subsection to bring an action by or 
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on behalf of any affected individual shall termi-
nate— 
(A) on the filing of a complaint by the Sec-
retary in an action under subsection (d) in 
which restraint is sought of any violation of sec-
tion 1904; or 
(B) on the filing of a complaint by the Sec-
retary in an action under subsection (b) in 
which a recovery is sought of the damages de-
scribed in paragraph (1)(A) owing to an af-
fected individual by an employer or employment 
agency liable under paragraph (1), unless the 
action described in subparagraph (A) or (B) is 
dismissed without prejudice on motion of the 
Secretary. 
(b) ACTION BY THE SECRETARY.— 
(1) ADMINISTRATIVE
ACTION.—The Secretary 
shall receive, investigate, and attempt to resolve 
complaints of violations of section 1904 in the same 
manner that the Secretary receives, investigates, and 
attempts to resolve complaints of violations of sec-
tions 6 and 7 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206 and 207). 
(2) CIVIL ACTION.—The Secretary may bring 
an action in any court of competent jurisdiction— 
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(A) to enjoin violations of this subtitle and 
seek other relief going forward necessary to pre-
vent future violations; 
(B) to recover— 
(i) the damages described in sub-
section (a)(1)(A); 
(ii) in the case of a violation of section 
1904(c), a civil penalty of not less than 
$250 per violation; or 
(iii) such other equitable relief the 
Court deems appropriate. 
(3) SUMS RECOVERED.—Any sums recovered by 
the Secretary pursuant to paragraph (2)(A) shall be 
held in a special deposit account and shall be paid, 
on order of the Secretary, directly to each affected 
individual. Any such sums recovered pursuant to 
paragraph (2)(A) that are not paid to an affected in-
dividual because of inability to do so within a period 
of 3 years and any sums recovered pursuant to para-
graph (2)(B) shall be deposited into the Treasury of 
the United States as miscellaneous receipts. 
(c) LIMITATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an action under subsection (a) may be 
brought not later than 2 years after the date of the 
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last event constituting the alleged violation for which 
the action is brought, provided that the limitations 
for filing an action shall be tolled during the period 
that the Secretary is considering a complaint against 
any defendant named in a complaint filed with the 
Secretary under subsection (b)(1) above. 
(2) WILLFUL VIOLATION.—In the case of such 
action brought for a willful violation of section 1904, 
such action may be brought within 3 years of the 
date of the last event constituting the alleged viola-
tion for which such action is brought, provided that 
the limitations for filing an action by an individual 
shall be tolled during the period that the Secretary 
is considering a complaint pursuant to subsection 
(b)(1). 
(3) COMMENCEMENT.—In determining when an 
action is commenced by the Secretary under this 
section for the purposes of this subsection, it shall 
be considered to be commenced on the date when the 
Secretary files a complaint in a court of competent 
jurisdiction. 
(d) ACTION FOR INJUNCTION BY SECRETARY.—The 
district courts of the United States shall have jurisdiction, 
for cause shown, in an action brought by the Secretary— 
(1) to restrain violations of section 1904; and 
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(2) to award such other equitable relief as may 
be appropriate, including employment and monetary 
damages. 
(e) SOLICITOR OF LABOR.—The Solicitor of Labor 
may appear for and represent the Secretary on any litiga-
tion brought under this section. 
Subtitle K—New Jobs for America 
Act of 2011 
SEC. 1951. SHORT TITLE. 
This subtitle may be cited as the ‘‘New Jobs for 
America Act of 2011’’. 
SEC. 
1952. 
COMPENSATED 
EMPLOYMENT 
TRAINING 
GRANTS. 
(a) AUTHORIZATION.—Subject to the availability of 
appropriations for such funds, the Secretary of Labor 
shall make grants to States, units of local government, 
and Indian tribes to carry out the activities described in 
subsection (b). 
(b) USE OF FUNDS.—A recipient of a grant under 
this subtitle shall use the grant for the following purposes: 
(1) To seek out unemployed individuals strug-
gling financially whose prior training consisted of 
skills necessary for a faltering or dying industry. 
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(2) To create compensated training programs 
that offer training in emerging markets and indus-
tries (such as green technologies). 
(3) To partner with historically Black colleges 
and universities and Hispanic serving colleges and 
universities along with local community college sys-
tems to create innovative retraining programs for 
minorities focused on retooling workers for jobs in 
the growth sectors of healthcare, biotech, and infor-
mation technology. 
(4) To partner with cities and non-profit orga-
nizations to provide apprenticeships and internships. 
(5) To provide compensation to participants in 
training programs to temporarily aide in their finan-
cial distress. 
(6) To provide access to public healthcare pro-
grams for participants. 
(7) To create training programs for ex-offend-
ers in an effort to reduce recidivism. 
(8) To aide newly trained participants in secur-
ing employment within the field of their newly ac-
quired expertise. 
(c) CONDITIONS.—As a condition of receiving a grant 
under this subtitle, a grant recipient shall— 
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(1) comply with nondiscrimination standards of 
the Civil Rights Act; 
(2) allocate not less than 80 percent of the 
funding allocated under the grant to wages, benefits, 
and support activities, including child care services 
to individuals receiving compensated training under 
such a grant; and 
(3) institute a program to aide newly trained 
participants in securing employment in their new 
area of expertise. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this subtitle. 
Subtitle L—Transportation 
Infrastructure Investment 
SEC. 1961. TRANSPORTATION INFRASTRUCTURE INVEST-
MENT. 
(a) HIGHWAY INFRASTRUCTURE INVESTMENT.— 
(1) IN GENERAL.—There is made available to 
the Secretary of Transportation $45,000,000,000 
for restoration, repair, construction, and other ac-
tivities eligible under section 133(b) of title 23, 
United States Code, and for passenger and freight 
rail transportation and port infrastructure projects 
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eligible for assistance under section 601(a)(8) of 
title 23, United States Code. 
(2) FEDERAL SHARE; LIMITATION ON OBLIGA-
TIONS.—The Federal share payable on account of 
any project or activity carried out with funds made 
available under this subsection shall be, at the op-
tion of the recipient, up to 100 percent of the total 
cost thereof. The amount made available under this 
subsection shall not be subject to any limitation on 
obligations for Federal-aid highways and highway 
safety construction programs set forth in any Act or 
in title 23, United States Code. 
(3) AVAILABILITY.—The amounts made avail-
able under this subsection shall be available for obli-
gation until the date that is two years after the date 
of the enactment of this Act. The Secretary shall ob-
ligate amounts totaling not less than 50 percent of 
the funds made available within one year of enact-
ment and obligate remaining amounts not later than 
two years after enactment. 
(4) DISTRIBUTION OF FUNDS.—Of the funds 
provided in this subsection, after making the set- 
asides required by paragraphs (9), (10), (11), (12), 
and (15), 50 percent of the funds shall be appor-
tioned to States using the formula set forth in sec-
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tion 104(b)(3) of title 23, United States Code, and 
the remaining funds shall be apportioned to States 
in the same ratio as the obligation limitation for fis-
cal year 2010 was distributed among the States in 
accordance with the formula specified in section 
120(a)(6) of division A of Public Law 111–117. 
(5) APPORTIONMENT.—Apportionments under 
paragraph (4) shall be made not later than 30 days 
after the date of the enactment of this subtitle. 
(6) REDISTRIBUTION.— 
(A) The Secretary shall, 180 days fol-
lowing the date of apportionment, withdraw 
from each State an amount equal to 50 percent 
of the funds apportioned under paragraph (4) 
to that State (excluding funds suballocated 
within the State) less the amount of funding 
obligated (excluding funds suballocated within 
the State), and the Secretary shall redistribute 
such amounts to other States that have had no 
funds withdrawn under this subparagraph in 
the manner described in section 120(c) of divi-
sion A of Public Law 111–117. 
(B) One year following the date of appor-
tionment, the Secretary shall withdraw from 
each recipient of funds apportioned under para-
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graph (4) any unobligated funds, and the Sec-
retary shall redistribute such amounts to States 
that have had no funds withdrawn under this 
paragraph (excluding funds suballocated within 
the State) in the manner described in section 
120(c) of division A of Public Law 111–117. 
(C) At the request of a State, the Sec-
retary may provide an extension of the one-year 
period only to the extent that the Secretary de-
termines that the State has encountered ex-
treme conditions that create an unworkable bid-
ding environment or other extenuating cir-
cumstances. Before granting an extension, the 
Secretary shall notify in writing the Committee 
on Transportation and Infrastructure of the 
House of Representatives and the Committee 
on Environment and Public Works of the Sen-
ate, providing a thorough justification for the 
extension. 
(7) TRANSPORTATION ENHANCEMENTS.—Three 
percent of the funds apportioned to a State under 
paragraph (4) shall be set aside for the purposes de-
scribed in section 133(d)(2) of title 23, United 
States Code (without regard to the comparison to 
fiscal year 2005). 
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(8) SUBALLOCATION.—Thirty percent of the 
funds apportioned to a State under this subsection 
shall be suballocated within the State in the manner 
and for the purposes described in the first sentence 
of 
sections 
133(d)(3)(A), 
133(d)(3)(B), 
and 
133(d)(3)(D) of title 23, United States Code. Such 
suballocation shall be conducted in every State. 
Funds suballocated within a State to urbanized 
areas and other areas shall not be subject to the re-
distribution of amounts required 180 days following 
the date of apportionment of funds provided by 
paragraph (6)(A). 
(9) PUERTO RICO AND TERRITORIAL HIGHWAY 
PROGRAMS.—Of the funds provided under this sub-
section, $105,000,000 shall be set aside for the 
Puerto Rico highway program authorized under sec-
tion 165 of title 23, United States Code, and 
$45,000,000 shall be for the territorial highway pro-
gram authorized under section 215 of title 23, 
United States Code. 
(10) FEDERAL LANDS AND INDIAN RESERVA-
TIONS.—Of the funds provided under this sub-
section, $750,000,000 shall be set aside for invest-
ments in transportation at Indian reservations and 
Federal lands in accordance with the following: 
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(A) Of the funds set aside by this para-
graph, $410,000,000 shall be for the Indian 
Reservation 
Roads 
program, 
$270,000,000 
shall be for the Park Roads and Parkways pro-
gram, $60,000,000 shall be for the Forest 
Highway Program, and $10,000,000 shall be 
for the Refuge Roads program. 
(B) For investments at Indian reservations 
and Federal lands, priority shall be given to 
capital investments, and to projects and activi-
ties that can be completed within 2 years of en-
actment of this Act. 
(C) One year following the enactment of 
this subtitle, to ensure the prompt use of the 
funding provided for investments at Indian res-
ervations and Federal lands, the Secretary shall 
have the authority to redistribute unobligated 
funds within the respective program for which 
the funds were appropriated. 
(D) Up to four percent of the funding pro-
vided for Indian Reservation Roads may be 
used by the Secretary of the Interior for pro-
gram management and oversight and project-re-
lated administrative expenses. 
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(E) Section 134(f)(3)(C)(ii)(II) of title 23, 
United States Code, shall not apply to funds set 
aside by this paragraph. 
(11) JOB
TRAINING.—Of the funds provided 
under this subsection, $100,000,000 shall be set 
aside for the development and administration of 
transportation training programs under section 
140(b) of title 23, United States Code, in accord-
ance with the following: 
(A) Funds set aside under this paragraph 
shall be competitively awarded and used for the 
purpose of providing training, apprenticeship 
(including Registered Apprenticeship), skill de-
velopment, and skill improvement programs, as 
well as summer transportation institutes, may 
be transferred to, or administered in partner-
ship with, the Secretary of Labor, and shall be 
used for programs that demonstrate to the Sec-
retary of Transportation program outcomes, in-
cluding with respect to— 
(i) impact on areas with transpor-
tation workforce shortages; 
(ii) diversity of training participants; 
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(iii) number of participants obtaining 
certifications or credentials required for 
specific types of employment; 
(iv) employment outcome metrics, 
such as job placement and job retention 
rates, established in consultation with the 
Secretary of Labor and consistent with 
metrics used by programs under the Work-
force Investment Act of 1998 (Public Law 
105–220); 
(v) to the extent practical, evidence 
that the program did not preclude workers 
that participate in training or apprentice-
ship activities under the program from 
being referred to, or hired on, projects 
funded under this chapter; and 
(vi) identification of areas of collabo-
ration with the Department of Labor pro-
grams, including co-enrollment. 
(B) To be eligible to receive a competitively 
awarded grant under this paragraph, a State 
must certify that at least 0.1 percent of the 
amounts apportioned under the Surface Trans-
portation Program and Bridge Program will be 
obligated in the first fiscal year after enactment 
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of this Act for job training activities consistent 
with section 140(b) of title 23, United States 
Code. 
(12) 
DISADVANTAGED
BUSINESS
ENTER-
PRISES.—Of the funds provided under this sub-
section, $10,000,000 shall be set aside for training 
programs and assistance programs under section 
140(c) of title 23, United States Code. Funds set 
aside under this paragraph should be allocated to 
businesses that have proven success in adding staff 
while effectively completing projects. 
(13) STATE
PLANNING
AND
OVERSIGHT
EX-
PENSES.—Of amounts apportioned under paragraph 
(4) of this subsection, a State may use up to 0.5 
percent for activities related to projects funded 
under this subsection, including activities eligible 
under sections 134 and 135 of title 23, United 
States Code, State administration of subgrants, and 
State oversight of subrecipients. 
(14) CONDITIONS.— 
(A) Funds made available under this sub-
section shall be administered as if apportioned 
under chapter 1 of title 23, United States Code, 
except for funds made available for investments 
in transportation at Indian reservations and 
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Federal lands, and for the territorial highway 
program, which shall be administered in accord-
ance with chapter 2 of title 23, United States 
Code, and except for funds made available for 
disadvantaged business enterprises bonding as-
sistance, which shall be administered in accord-
ance with chapter 3 of title 49, United States 
Code. 
(B) Funds made available under this sub-
section shall not be obligated for the purposes 
authorized under section 115(b) of title 23, 
United States Code. 
(C) Funding provided under this sub-
section shall be in addition to any and all funds 
provided for fiscal years 2012 and 2013 in any 
other Act for ‘‘Federal-aid Highways’’ and shall 
not affect the distribution of funds provided for 
‘‘Federal-aid Highways’’ in any other Act. 
(D) Section 1101(b) of Public Law 109–59 
shall apply to funds apportioned under this sub-
section. 
(15) OVERSIGHT.—The Administrator of the 
Federal Highway Administration may set aside up 
to 0.15 percent of the funds provided under this 
subsection to fund the oversight by the Adminis-
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trator of projects and activities carried out with 
funds made available to the Federal Highway Ad-
ministration in this Act, and such funds shall be 
available through September 30, 2015. 
(b) TRANSPORTATION
INFRASTRUCTURE
GRANTS 
AND FINANCING.— 
(1) IN GENERAL.—There is made available to 
the Secretary of Transportation $5,000,000,000 for 
capital investments in surface transportation infra-
structure. The Secretary shall distribute funds pro-
vided under this subsection as discretionary grants 
to be awarded to State and local governments or 
transit agencies on a competitive basis for projects 
that will have a significant impact on the Nation, a 
metropolitan area, or a region. 
(2) FEDERAL SHARE; LIMITATION ON OBLIGA-
TIONS.—The Federal share payable of the costs for 
which a grant is made under this subsection shall be 
100 percent. 
(3) AVAILABILITY.—The amounts made avail-
able under this subsection shall be available for obli-
gation until the date that is two years after the date 
of the enactment of this subtitle. The Secretary shall 
obligate amounts totaling not less than 50 percent 
of the funds made available within one year of en-
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actment and obligate remaining amounts not later 
than two years after enactment. 
(4) PROJECT ELIGIBILITY.—Projects eligible for 
funding provided under this subsection include— 
(A) highway or bridge projects eligible 
under title 23, United States Code, including 
interstate rehabilitation, improvements to the 
rural collector road system, the reconstruction 
of overpasses and interchanges, bridge replace-
ments, seismic retrofit projects for bridges, and 
road realignments; 
(B) public transportation projects eligible 
under chapter 53 of title 49, United States 
Code, including investments in projects partici-
pating in the New Starts or Small Starts pro-
grams that will expedite the completion of those 
projects and their entry into revenue service; 
(C) passenger and freight rail transpor-
tation projects; and 
(D) port infrastructure investments, in-
cluding projects that connect ports to other 
modes of transportation and improve the effi-
ciency of freight movement. 
(5) TIFIA 
PROGRAM.—The Secretary may 
transfer to the Federal Highway Administration 
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funds made available under this subsection for the 
purpose of paying the subsidy and administrative 
costs of projects eligible for Federal credit assistance 
under chapter 6 of title 23, United States Code, if 
the Secretary finds that such use of the funds would 
advance the purposes of this subsection. 
(6) PROJECT
PRIORITY.—The Secretary shall 
give priority to projects that are expected to be com-
pleted within 3 years of the date of the enactment 
of this subtitle. 
(7) DEADLINE FOR ISSUANCE OF COMPETITION 
CRITERIA.—The Secretary shall publish criteria on 
which to base the competition for any grants award-
ed under this subsection not later than 90 days after 
enactment of this subtitle. The Secretary shall re-
quire applications for funding provided under this 
subsection to be submitted not later than 180 days 
after the publication of the criteria and announce all 
projects selected to be funded from such funding not 
later than one year after the date of the enactment 
of this subtitle. 
(8) APPLICABILITY OF TITLE 40.—Each project 
conducted using funds provided under this sub-
section shall comply with the requirements of sub-
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chapter IV of chapter 31 of title 40, United States 
Code. 
(9) ADMINISTRATIVE
EXPENSES.—The Sec-
retary may retain up to one half of one percent of 
the funds provided under this subsection, and may 
transfer portions of those funds to the Administra-
tors of the Federal Highway Administration, the 
Federal Transit Administration, the Federal Rail-
road Administration, and the Maritime Administra-
tion, to fund the award and oversight of grants 
made under this subsection. Funds retained shall re-
main available for obligation until September 30, 
2015. 
Subtitle M—Jobs NOW Act 
SEC. 1971. SHORT TITLE. 
This subtitle may be cited as the ‘‘Jobs NOW Act’’. 
SEC. 1972. RESTORATION OF TANF EMERGENCY CONTIN-
GENCY FUND. 
(a) IN GENERAL.—Section 403 of the Social Security 
Act (42 U.S.C. 603) is amended by adding at the end the 
following: 
‘‘(c) EMERGENCY FUND.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund which 
shall be known as the ‘Emergency Contingency 
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Fund for State Temporary Assistance for Needy 
Families Programs’ (in this subsection referred to as 
the ‘Emergency Fund’). 
‘‘(2) DEPOSITS INTO FUND.— 
‘‘(A) IN GENERAL.—Out of any money in 
the Treasury of the United States not otherwise 
appropriated, 
there 
are 
appropriated 
$5,000,000 for each of fiscal years 2012 and 
2013, for payment to the Emergency Fund. 
‘‘(B) AVAILABILITY AND USE OF FUNDS.— 
The amounts appropriated to the Emergency 
Fund under subparagraph (A) for fiscal year 
2012 shall be available for the 1st 12 months 
of the program period, and the amounts so ap-
propriated for fiscal year 2013 shall be avail-
able for the 2nd 12 months of the program pe-
riod, and all such amounts shall be used to 
make grants to States in accordance with para-
graph (3). 
‘‘(C) LIMITATION.—In no case may the 
Secretary make a grant from the Emergency 
Fund for a fiscal year after the end of the pro-
gram period. 
‘‘(D) PROGRAM PERIOD DEFINED.—In this 
subsection, the term ‘program period’ means 
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the 2-year period that begins with the 1st day 
of the 1st calendar quarter that begins after the 
effective date of this subsection. 
‘‘(3) GRANTS.— 
‘‘(A) IN
GENERAL.—For each calendar 
quarter in the program period, the Secretary 
shall make a grant from the Emergency Fund 
to each State that— 
‘‘(i) requests a grant under this sub-
paragraph for the quarter; and 
‘‘(ii) meets the requirement of clause 
(ii) for the quarter. 
‘‘(B) REQUIREMENT.—A State meets the 
requirement of this clause for a quarter if the 
unemployment rate of the State (as determined 
by the Secretary of Commerce in consultation 
with the Secretary of Labor) was not less than 
6 percent for each month in the most recent 6- 
month period for which such information is 
available. 
‘‘(C) AMOUNT OF GRANT.—The amount of 
the grant to be made to a State under this sub-
paragraph for a quarter shall be an amount 
equal to 75 percent of the State family assist-
ance grant. 
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‘‘(4) LIMITATIONS ON USE OF FUNDS.—A State 
to which an amount is paid under this subsection 
may use the amount only as authorized by section 
404. 
‘‘(5) TIMING OF IMPLEMENTATION.—The Sec-
retary shall implement this subsection as quickly as 
reasonably possible, pursuant to appropriate guid-
ance to States. 
‘‘(6) APPLICATION
TO
INDIAN
TRIBES.—This 
subsection shall apply to an Indian tribe with an ap-
proved tribal family assistance plan under section 
412 in the same manner as this subsection applies 
to a State.’’. 
(b) DISREGARD FROM LIMITATION ON TOTAL PAY-
MENTS TO TERRITORIES.—Section 1108(a)(2) of such Act 
(42 U.S.C. 1308(a)(2)) is amended by inserting 
‘‘403(c)(3),’’ after ‘‘403(a)(5),’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 90 days after the date of the 
enactment of this subtitle. 
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Subtitle N—Discretionary 
Spending Limits 
SEC. 1981. REPEAL OF NEW DISCRETIONARY SPENDING 
LIMITS. 
(a) IN GENERAL.—Section 251A of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 
U.S.C. 901a) is hereby repealed. 
(b) CONFORMING
AMENDMENT.—The Balanced 
Budget and Emergency Deficit Control Act of 1985 is 
amended— 
(1) in section 250(a), by amending the table of 
contents by striking the item relating to section 
251A; and 
(2) by amending section 251(c) to read as fol-
lows: 
‘‘(c) DISCRETIONARY SPENDING LIMIT.—As used in 
this part, the term ‘discretionary spending limit’ means— 
‘‘(1) with respect to fiscal year 2012— 
‘‘(A) 
for 
the 
security 
category, 
$684,000,000,000 in new budget authority; and 
‘‘(B) 
for 
the 
nonsecurity 
category, 
$359,000,000,000 in new budget authority; 
‘‘(2) with respect to fiscal year 2013— 
‘‘(A) 
for 
the 
security 
category, 
$686,000,000,000 in new budget authority; and 
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‘‘(B) 
for 
the 
nonsecurity 
category, 
$361,000,000,000 in new budget authority; 
‘‘(3) with respect to fiscal year 2014, for the 
discretionary category, $1,066,000,000,000 in new 
budget authority; 
‘‘(4) with respect to fiscal year 2015, for the 
discretionary category, $1,086,000,000,000 in new 
budget authority; 
‘‘(5) with respect to fiscal year 2016, for the 
discretionary category, $1,107,000,000,000 in new 
budget authority; 
‘‘(6) with respect to fiscal year 2017, for the 
discretionary category, $1,131,000,000,000 in new 
budget authority; 
‘‘(7) with respect to fiscal year 2018, for the 
discretionary category, $1,156,000,000,000 in new 
budget authority; 
‘‘(8) with respect to fiscal year 2019, for the 
discretionary category, $1,182,000,000,000 in new 
budget authority; 
‘‘(9) with respect to fiscal year 2020, for the 
discretionary category, $1,208,000,000,000 in new 
budget authority; and 
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‘‘(10) with respect to fiscal year 2021, for the 
discretionary category, $1,234,000,000,000 in new 
budget authority; 
as adjusted in strict conformance with subsection (b).’’. 
Subtitle O—Emergency Job 
Creation Designation 
SEC. 1991. CONGRESSIONAL DESIGNATION. 
For purposes of section 251(b)(2) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 
U.S.C. 901(b)(2)), the Congress hereby designates all ap-
propriations made under this title, and amendments made 
by this title, as being for the purpose of emergency job 
creation. 
TITLE II—RESPONSIBLE 
SAVINGS AND FAIR TAXATION 
Subtitle A—Responsible End to the 
War in Afghanistan Act 
SEC. 2001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Responsible End 
to the War in Afghanistan Act’’. 
SEC. 2002. STATEMENT OF POLICY. 
It is the policy of the United States to ensure that 
funds made available for operations of the Armed Forces 
in Afghanistan are to be used only for purposes of pro-
viding for the safe and orderly withdrawal from Afghani-
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stan of all members of the Armed Forces and Department 
of Defense contractor personnel who are in Afghanistan. 
SEC. 2003. LIMITATION ON USE OF FUNDS FOR OPER-
ATIONS OF THE ARMED FORCES IN AFGHANI-
STAN. 
(a) LIMITATION.—Funds appropriated or otherwise 
made available under any provision of law for operations 
of the Armed Forces in Afghanistan shall be obligated and 
expended only for purposes of providing for the safe and 
orderly withdrawal from Afghanistan of all members of 
the Armed Forces and Department of Defense contractor 
personnel who are in Afghanistan. 
(b) RULE OF CONSTRUCTION.—Nothing in this sub-
title shall be construed— 
(1) to authorize the use of funds for the con-
tinuation of combat operations in Afghanistan while 
carrying out the safe and orderly withdrawal from 
Afghanistan of all members of the Armed Forces 
and Department of Defense contractor personnel 
who are in Afghanistan; and 
(2) to prohibit or otherwise restrict the use of 
funds available to any department or agency of the 
United States to carry out diplomatic efforts or hu-
manitarian, development, or general reconstruction 
activities in Afghanistan. 
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Subtitle B—Defense and Deficit 
Reduction Act 
SEC. 2101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Defense and Def-
icit Reduction Act’’. 
SEC. 2102. FINDINGS. 
Congress finds the following: 
(1) Under H. Res. 38, the Chair of the Com-
mittee on the Budget shall include in the Congres-
sional Record an allocation for the remainder of fis-
cal year 2011 that assumes nonsecurity spending at 
fiscal year 2008 levels. 
(2) Reductions in defense spending should be 
included in any effort to reduce Federal outlays and 
reduce the national deficit. 
(3) In fiscal year 2010, defense spending com-
prised 58 percent of discretionary spending. 
(4) If defense spending continued at fiscal year 
2010 levels for the next 5 years, it would total 
$3,600,000,000,000. 
(5) Reducing defense spending to fiscal year 
2008 
levels 
would 
save 
approximately 
$182,000,000,000 over 5 years compared to current 
levels. 
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(6) In January 2011 Secretary of Defense 
Gates stated that the Administration is seeking 
$78,000,000,000 in cuts to the defense budget over 
the next five years on top of $100,000,000,000 in 
efficiencies. This savings should be used to decrease 
the deficit. 
(7) President Obama has pledged to begin 
drawing down forces in Afghanistan in July 2011 
with a goal of full withdrawal in 2014. With a de-
crease in troops abroad, our defense spending should 
decrease. 
(8) In a CBS News Poll from January 2011, 
over 50 percent of Americans questioned would re-
duce defense spending to decrease the Federal def-
icit. 
(9) The United States currently spends more 
on its military and defense than the next 19 biggest 
spending nations combined. 
(10) Making reasonable reductions to the de-
fense budget can help to solve the Nation’s long- 
term fiscal problems. 
SEC. 2103. REDUCTION AND FREEZE IN BUDGET OF DE-
PARTMENT OF DEFENSE. 
(a) REDUCTION
AND
FREEZE.—The aggregate 
amount of funds appropriated or otherwise made available 
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