I 
112TH CONGRESS 
1ST SESSION H. R. 3638 
To create American jobs and reduce the deficit, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 13, 2011 
Mr. GRIJALVA (for himself and Mr. ELLISON) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committees on Education and the Workforce, Natural Re-
sources, Agriculture, the Judiciary, Science, Space, and Technology, En-
ergy and Commerce, Oversight and Government Reform, Small Business, 
Transportation and Infrastructure, Financial Services, Veterans’ Affairs, 
the Budget, Armed Services, and Foreign Affairs, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To create American jobs and reduce the deficit, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Restore the American Dream for the 99% Act’’ or the 
‘‘Act for the 99%’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; Table of contents. 
TITLE I—EMERGENCY JOB CREATION TO REBUILD AMERICA 
Subtitle A—Emergency Jobs to Restore the American Dream Act 
Sec. 1001. Short title. 
PART 1—SCHOOL IMPROVEMENT CORPS 
Sec. 1011. Purpose. 
Sec. 1012. Definitions. 
SUBPART A—GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF 
PUBLIC SCHOOL FACILITIES 
Sec. 1021. Purpose. 
Sec. 1022. Allocation of funds. 
Sec. 1023. Allowable uses of funds. 
Sec. 1024. Priority projects. 
SUBPART B—GRANTS FOR MAINTENANCE COSTS 
Sec. 1031. Allocation to States. 
Sec. 1032. Allowable uses of funds. 
SUBPART C—GENERAL PROVISIONS 
Sec. 1041. Supplement, not supplant. 
Sec. 1042. Prohibition regarding State aid. 
Sec. 1043. Maintenance of effort. 
Sec. 1044. Special rules on contracting. 
Sec. 1045. Use of American iron, steel, and manufactured goods. 
Sec. 1046. Labor standards; compliance with existing statutes. 
Sec. 1047. Charter schools. 
Sec. 1048. Green schools. 
Sec. 1049. Reporting. 
Sec. 1050. Special rules. 
Sec. 1051. Promotion of employment experiences. 
Sec. 1052. Availability of funds. 
Sec. 1053. Alternate distribution of funds. 
PART 2—STUDENT JOBS CORPS 
Sec. 1061. Student Jobs Corps. 
PART 3—PUBLIC LANDS CORPS AND CIVILIAN CONSERVATION CORPS 
Sec. 1071. Appropriation of additional funds for existing Public Lands Corps. 
Sec. 1072. Establishment and operation of new Civilian Conservation Corps. 
PART 4—NEIGHBORHOOD HEROES CORPS 
Sec. 1081. Teacher Corps. 
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Sec. 1082. Appropriation of additional funds for Community Oriented Policing 
Services. 
Sec. 1083. Firefighters Corps. 
PART 5—HEALTH CARE CORPS 
Sec. 1091. Purpose. 
Sec. 1092. Health care and long-term care providers. 
Sec. 1093. Supplement, not supplant. 
PART 6—COMMUNITY CORPS 
Sec. 1101. Purpose. 
Sec. 1102. Community Corps. 
Sec. 1103. Application. 
Sec. 1104. Activities of the Community Corps. 
Sec. 1105. Hiring and preferences. 
Sec. 1106. Additional requirements for States and units of general local govern-
ment. 
Sec. 1107. Employment status and compensation. 
Sec. 1108. Nondisplacement of existing employees. 
Sec. 1109. Dispute resolutions, whistleblower hotline, and enforcement by the 
Secretary. 
Sec. 1110. Definitions. 
PART 7—CHILD DEVELOPMENT CORPS 
Sec. 1121. Purpose. 
Sec. 1122. Child Development Corps. 
PART 8—ON-THE-JOB TRAINING 
Sec. 1131. Appropriation. 
PART 9—GENERAL PROVISIONS 
Sec. 1141. General requirements for entities receiving funding under this sub-
title. 
Sec. 1142. Reporting. 
Sec. 1143. Hiring and preferences. 
Sec. 1144. Flexibility on hiring. 
Sec. 1145. Nondisplacement. 
Sec. 1146. Employment status and compensation in new programs. 
Sec. 1147. Dispute resolutions, whistleblower hotline, and enforcement by the 
Secretary. 
Sec. 1148. Termination. 
Subtitle B—Buy American Enhancement Act of 2011 
Sec. 1201. Short title. 
Sec. 1202. Domestic content requirement for the Buy American Act. 
Sec. 1203. Requirement for indirect contracts to comply with the Buy Amer-
ican Act. 
Sec. 1204. Buy American waiver reporting requirement. 
Sec. 1205. Implementation through the Federal Acquisition Regulation. 
Sec. 1206. Definitions. 
Subtitle C—Fairness and Transparency in Contracting Act of 2011 
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Sec. 1301. Short title. 
Sec. 1302. Definitions. 
Sec. 1303. Purpose. 
Sec. 1304. Definition of small business concern and status review. 
Sec. 1305. Notification. 
Sec. 1306. Reporting. 
Sec. 1307. List of contractors. 
Sec. 1308. Contracting databases. 
Sec. 1309. Enforcement. 
Subtitle D—National Infrastructure Development Bank Act of 2011 
Sec. 1401. Short title. 
Sec. 1402. Findings. 
Sec. 1403. Definitions. 
Sec. 1404. Establishment of national infrastructure development bank. 
Sec. 1405. Board of directors. 
Sec. 1406. Executive committee. 
Sec. 1407. Risk management committee. 
Sec. 1408. Audit Committee. 
Sec. 1409. Personnel. 
Sec. 1410. Eligibility criteria for assistance from Bank. 
Sec. 1411. Exemption from local taxation. 
Sec. 1412. Status and applicability of certain Federal laws; no full faith and 
credit. 
Sec. 1413. Compliance with Davis-Bacon Act. 
Sec. 1414. Applicability of certain State laws. 
Sec. 1415. Audits; Reports to President and Congress. 
Sec. 1416. Capitalization of bank. 
Sec. 1417. Sunset. 
Subtitle E—Wounded Veteran Job Security Act 
Sec. 1501. Short title. 
Sec. 1502. Expansion of definition of service in uniformed services for purposes 
of USERRA. 
Sec. 1503. Documentation of treatment for purposes of reemployment under 
USERRA. 
Sec. 1504. Notification of employer of intent to return to a position of employ-
ment. 
Sec. 1505. Effective date. 
Subtitle F—Emergency Unemployment Compensation Extension Act of 2011 
Sec. 1601. Short title. 
Sec. 1602. Extension of emergency unemployment compensation program. 
Sec. 1603. Temporary extension of extended benefit provisions. 
Subtitle G—Emergency Unemployment Compensation Expansion Act of 2011 
Sec. 1701. Short title. 
Sec. 1702. Additional first-tier emergency unemployment compensation. 
Sec. 1703. Regulations. 
Sec. 1704. Effective date. 
Subtitle H—Currency Reform for Fair Trade Act 
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Sec. 1801. Short title. 
Sec. 1802. Clarification regarding definition of countervailable subsidy. 
Sec. 1803. Report on implementation of subtitle. 
Sec. 1804. Application to goods from Canada and Mexico. 
Subtitle I—Prioritize Emergency Job Creation Act 
Sec. 1851. Short title. 
Sec. 1852. Emergency job creation. 
Subtitle J—Fair Employment Opportunity Act of 2011 
Sec. 1901. Short title. 
Sec. 1902. Findings and purpose. 
Sec. 1903. Definitions. 
Sec. 1904. Prohibited acts. 
Sec. 1905. Enforcement. 
Subtitle K—New Jobs for America Act of 2011 
Sec. 1951. Short title. 
Sec. 1952. Compensated employment training grants. 
Subtitle L—Transportation Infrastructure Investment 
Sec. 1961. Transportation infrastructure investment. 
Subtitle M—Jobs NOW Act 
Sec. 1971. Short title. 
Sec. 1972. Restoration of TANF Emergency Contingency Fund. 
Subtitle N—Discretionary Spending Limits 
Sec. 1981. Repeal of new discretionary spending limits. 
Subtitle O—Emergency Job Creation Designation 
Sec. 1991. Congressional Designation. 
TITLE II—RESPONSIBLE SAVINGS AND FAIR TAXATION 
Subtitle A—Responsible End to the War in Afghanistan Act 
Sec. 2001. Short title. 
Sec. 2002. Statement of policy. 
Sec. 2003. Limitation on use of funds for operations of the Armed Forces in 
Afghanistan. 
Subtitle B—Defense and Deficit Reduction Act 
Sec. 2101. Short title. 
Sec. 2102. Findings. 
Sec. 2103. Reduction and freeze in budget of Department of Defense. 
Subtitle C—Reduction in Military End Strength Level in Europe 
Sec. 2201. Reduction in end strength level of members of the United States 
Armed Forces assigned to permanent duty in Europe and cor-
responding general end strength reductions. 
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Sec. 2202. Conforming changes to Armed Forces end strength levels. 
Subtitle D—V–22 Osprey Aircraft Program 
Sec. 2401. Termination of V–22 Osprey aircraft program. 
Subtitle E—Fairness in Taxation 
Sec. 2501. Increased tax rates for taxpayers with more than $1,000,000 tax-
able income. 
Sec. 2502. Recapture of lower capital gains rates for individuals subject to 
added rate brackets. 
Subtitle F—End Big Oil Tax Subsidies Act of 2011 
Sec. 2601. Short title. 
Sec. 2602. Amortization of geological and geophysical expenditures. 
Sec. 2603. Producing oil and gas from marginal wells. 
Sec. 2604. Enhanced oil recovery credit. 
Sec. 2605. Intangible drilling and development costs in the case of oil and gas 
wells. 
Sec. 2606. Percentage depletion. 
Sec. 2607. Tertiary injectants. 
Sec. 2608. Passive activity losses and credits limited. 
Sec. 2609. Income attributable to domestic production activities. 
Sec. 2610. Prohibition on using last-in, first-out accounting for major inte-
grated oil companies. 
Sec. 2611. Modifications of foreign tax credit rules applicable to dual capacity 
taxpayers. 
Subtitle G—Superfund Reinvestment Act 
Sec. 2701. Short title. 
Sec. 2702. Use of Hazardous Substance Superfund for cleanup. 
Sec. 2703. Budgetary treatment of Hazardous Substance Superfund. 
Sec. 2704. Extension of Superfund taxes. 
Sec. 2705. Applicability. 
Subtitle H—Wall Street Trading and Speculators Tax Act 
Sec. 2801. Short title. 
Sec. 2802. Transaction tax. 
Subtitle I—Making Work Pay Tax Credit 
Sec. 2901. Two-year extension of making work pay credit. 
Subtitle J—Employee Misclassification Prevention Act 
Sec. 2951. Short title. 
Sec. 2952. Classification of employees and non-employees. 
Sec. 2953. Misclassification of employees for unemployment compensation pur-
poses. 
Sec. 2954. Department of Labor coordination, referral, and regulations. 
Sec. 2955. Targeted audits. 
Subtitle K—Corporate Assets Should Be Used to Hire Act 
Sec. 2961. Short title. 
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Sec. 2962. Temporary surtax on increases in retained earnings of domestic cor-
porations. 
TITLE III—PROTECT AND STRENGTHEN SOCIAL SECURITY, 
MEDICARE, AND MEDICAID 
Subtitle A—Public Option Deficit Reduction Act 
Sec. 3001. Short title. 
Sec. 3002. Public health insurance option. 
Subtitle B—Medicare Prescription Drug Price Negotiation Act of 2011 
Sec. 3101. Short title. 
Sec. 3102. Negotiation of lower covered part d drug prices on behalf of medi-
care beneficiaries. 
Subtitle C—Medicaid Enhancement and Emergency Job Creation Act of 2011 
Sec. 3201. Short title. 
Sec. 3202. Extension of ARRA increase in FMAP through fiscal year 2012. 
Subtitle D—Keeping Our Social Security Promises Act 
Sec. 3301. Short title. 
Sec. 3302. Payroll tax on remuneration up to contribution and benefit base and 
more than $250,000. 
Sec. 3303. Tax on net earnings from self-employment up to contribution and 
benefit base and more than $250,000. 
TITLE I—EMERGENCY JOB CRE-
ATION TO REBUILD AMERICA 
Subtitle A—Emergency Jobs to 
Restore the American Dream Act 
SEC. 1001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Emergency Jobs 
to Restore the American Dream Act’’. 
PART 1—SCHOOL IMPROVEMENT CORPS 
SEC. 1011. PURPOSE. 
It is the purpose of this part to provide for the cre-
ation of 400,000 construction jobs for the purpose of mod-
ernizing, renovating, or repairing public school facilities; 
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and 250,000 maintenance jobs for the purpose of main-
taining and improving public school facilities. 
SEC. 1012. DEFINITIONS. 
In this part: 
(1) The term ‘‘Bureau-funded school’’ has the 
meaning given such term in section 1141 of the 
Education Amendments of 1978 (25 U.S.C. 2021). 
(2) The term ‘‘charter school’’ has the meaning 
given such term in section 5210 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7221i). 
(3) The term ‘‘CHPS Criteria’’ means the 
green building rating program developed by the Col-
laborative for High Performance Schools. 
(4) The term ‘‘Energy Star’’ means the Energy 
Star program of the United States Department of 
Energy and the United States Environmental Pro-
tection Agency. 
(5) The term ‘‘Green Globes’’ means the Green 
Building Initiative environmental design and rating 
system referred to as Green Globes. 
(6) The term ‘‘LEED Green Building Rating 
System’’ means the United States Green Building 
Council Leadership in Energy and Environmental 
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Design green building rating standard referred to as 
LEED Green Building Rating System. 
(7) The term ‘‘local educational agency’’— 
(A) has the meaning given such term in 
section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801); 
(B) includes any public charter school that 
constitutes a local educational agency under 
State law; and 
(C) includes the Recovery School District 
of Louisiana. 
(8) The term ‘‘outlying area’’— 
(A) means the United States Virgin Is-
lands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands; 
and 
(B) includes the Republic of Palau. 
(9) The term ‘‘public school facilities’’ means 
existing public elementary or secondary school facili-
ties, including public charter school facilities and 
other existing facilities planned for adaptive reuse as 
public charter school facilities. 
(10) The term ‘‘Secretary’’ means the Secretary 
of Education. 
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(11) The term ‘‘State’’ means each of the 50 
States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
Subpart A—Grants for Modernization, Renovation, 
or Repair of Public School Facilities 
SEC. 1021. PURPOSE. 
Grants under this subpart shall be for the purpose 
of modernizing, renovating, or repairing public school fa-
cilities (including early learning facilities, as appropriate), 
based on the need of the facilities for such improvements, 
to ensure that public school facilities are safe, healthy, 
high-performing, and technologically up-to-date. 
SEC. 1022. ALLOCATION OF FUNDS. 
(a) RESERVATION.— 
(1) IN
GENERAL.—From the amount appro-
priated to carry out this subpart for each fiscal year 
pursuant to section 1052(a)(1), the Secretary shall 
reserve 2 percent of such amount, consistent with 
the purpose described in section 1052(a)(1)— 
(A) to provide assistance to the outlying 
areas; and 
(B) for payments to the Secretary of the 
Interior to provide assistance to Bureau-funded 
schools. 
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(2) USE OF RESERVED FUNDS.—In each fiscal 
year, the amount reserved under paragraph (1) shall 
be divided between the uses described in subpara-
graphs (A) and (B) of such paragraph in the same 
proportion as the amount reserved under section 
1121(a) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6331(a)) is divided 
between the uses described in paragraphs (1) and 
(2) of such section 1121(a) in such fiscal year. 
(3) DISTRESSED AREAS AND NATURAL DISAS-
TERS.—From the amount appropriated to carry out 
this subpart for each fiscal year pursuant to section 
1052(a), the Secretary shall reserve 5 percent of 
such amount for grants to— 
(A) local educational agencies serving geo-
graphic areas with significant economic distress, 
to be used consistent with the purpose de-
scribed in section 1021 and the allowable uses 
of funds described in section 1023; 
(B) local educational agencies serving geo-
graphic areas recovering from a natural dis-
aster; and 
(C) local educational agencies serving geo-
graphic areas that contain a military installa-
tion selected for closure under the base closure 
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and realignment process pursuant to the De-
fense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101– 
510; 10 U.S.C. 2687 note). 
(b) ALLOCATION TO STATES.— 
(1) STATE-BY-STATE
ALLOCATION.—Of the 
amount appropriated to carry out this subpart for 
each fiscal year pursuant to section 1052(a)(1), and 
not reserved under subsection (a), each State shall 
be allocated an amount in proportion to the amount 
received by all local educational agencies in the State 
under part A of title I of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311 et 
seq.) for the previous fiscal year relative to the total 
amount received by all local educational agencies in 
every State under such part for such fiscal year. 
(2) STATE ADMINISTRATION.—A State may re-
serve up to 1 percent of its allocation under para-
graph (1) to carry out its responsibilities under this 
subpart, which include— 
(A) providing technical assistance to local 
educational agencies; 
(B) developing an online, publicly search-
able database that includes an inventory of pub-
lic school facilities in the State, including for 
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each such facility, its design, condition, mod-
ernization, renovation and repair needs, utiliza-
tion, energy use, and carbon footprint; and 
(C) creating voluntary guidelines for high- 
performing school buildings, including guide-
lines concerning the following: 
(i) Site location, storm water manage-
ment, outdoor surfaces, outdoor lighting, 
and transportation, including public transit 
and pedestrian and bicycle accessability. 
(ii) Outdoor water systems, land-
scaping to minimize water use, including 
elimination of irrigation systems for land-
scaping, and indoor water use reduction. 
(iii) Energy efficiency (including min-
imum and superior standards, such as for 
heating, ventilation, and air conditioning 
systems), use of alternative energy sources, 
commissioning, and training. 
(iv) Use of durable, sustainable mate-
rials, including life-cycle cost effectiveness, 
and waste reduction. 
(v) Indoor environmental quality, such 
as day lighting in classrooms, lighting 
quality, indoor air quality (including with 
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reference to reducing the incidence and ef-
fects of asthma and other respiratory ill-
nesses), acoustics, and thermal comfort. 
(vi) Operations and management, 
such as use of energy-efficient equipment, 
indoor environmental management plan, 
maintenance plan, and pest management. 
(3) GRANTS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.—From the amount allocated to a State under 
paragraph (1), each eligible local educational agency 
in the State shall receive an amount in proportion 
to the amount received by such local educational 
agency under part A of title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311 
et seq.) for the previous fiscal year relative to the 
total amount received by all local educational agen-
cies in the State under such part for such fiscal 
year, except that no local educational agency that re-
ceived funds under such part for such fiscal year 
shall receive a grant of less than $5,000 in any fiscal 
year under this subpart. 
(4) SPECIAL RULE.—Section 1122(c)(3) of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6332(c)(3)) shall not apply to paragraph 
(1) or (3). 
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(c) SPECIAL RULES.— 
(1) DISTRIBUTIONS BY SECRETARY.—The Sec-
retary shall make and distribute the reservations 
and allocations described in subsections (a) and (b) 
not later than 90 days after an appropriation of 
funds for this subpart is made. 
(2) DISTRIBUTIONS BY STATES.—A State shall 
make and distribute the allocations described in sub-
section (b)(3) within 60 days of receiving such funds 
from the Secretary. 
SEC. 1023. ALLOWABLE USES OF FUNDS. 
(a) IN GENERAL.—A local educational agency receiv-
ing a grant under this subpart shall use the grant for mod-
ernization, renovation, or repair of public school facilities 
(including early learning facilities and charter schools, as 
appropriate), including— 
(1) repair, replacement, or installation of roofs, 
including extensive, intensive or semi-intensive green 
roofs, electrical wiring, water supply and plumbing 
systems, sewage systems, storm water runoff sys-
tems, lighting systems, building envelope, windows, 
ceilings, flooring, or doors, including security doors; 
(2) repair, replacement, or installation of heat-
ing, ventilation, or air conditioning systems, includ-
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ing insulation, and conducting indoor air quality as-
sessments; 
(3) compliance with fire, health, seismic, and 
safety codes, including professional installation of 
fire and life safety alarms, and modernizations, ren-
ovations, and repairs that ensure that schools are 
prepared for emergencies, such as improving build-
ing infrastructure to accommodate security measures 
and installing or upgrading technology to ensure 
that schools are able to respond to emergencies such 
as acts of terrorism, campus violence, and natural 
disasters; 
(4) retrofitting necessary to increase the energy 
efficiency and water efficiency of public school facili-
ties; 
(5) modifications necessary to make facilities 
accessible in compliance with the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 
and section 504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794); 
(6) abatement, removal, or interim controls of 
asbestos, polychlorinated biphenyls, mold, mildew, 
lead-based hazards, including lead-based paint haz-
ards, or a proven carcinogen; 
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