I
112th CONGRESS
1st Session
H. R. 2914
IN THE HOUSE OF REPRESENTATIVES
September 14, 2011
Ms. Schakowsky (for herself, Ms. Bass of California, Mrs. Christensen, Mr. Cicilline, Mr. Cohen, Mr. Conyers, Mr. Cummings, Ms. DeLauro, Ms. Edwards, Mr. Ellison, Ms. Fudge, Mr. Grijalva, Mr. Gutierrez, Mr. Hastings of Florida, Mr. Hinchey, Mr. Holt, Mr. Honda, Mr. Jackson of Illinois, Ms. Jackson Lee of Texas, Mr. Johnson of Georgia, Ms. Eddie Bernice Johnson of Texas, Mr. Kildee, Mr. Kucinich, Mr. Larson of Connecticut, Ms. Lee of California, Mr. McDermott, Mr. Nadler, Ms. Norton, Mr. Olver, Mr. Rangel, Ms. Richardson, Mr. Scott of Virginia, Mr. Serrano, Mr. Stark, Ms. Woolsey, Mr. Filner, Ms. Brown of Florida, Ms. Roybal-Allard, Ms. Clarke of New York, Ms. Waters, and Mr. Courtney) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Natural Resources, Agriculture, the Judiciary, Science, Space, and Technology, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To create an emergency jobs program that will fund 2,242,000 positions during fiscal years 2012 and 2013.
Short title
This Act may be cited as the
Emergency Jobs to Restore the American
Dream Act
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Title I—School Improvement Corps
Sec. 101. Purpose.
Sec. 102. Definitions.
Subtitle A—Grants for modernization, renovation, or repair of public school facilities
Sec. 111. Purpose.
Sec. 112. Allocation of funds.
Sec. 113. Allowable uses of funds.
Sec. 114. Priority projects.
Subtitle B—Grants for maintenance Costs
Sec. 115. Allocation to States.
Sec. 116. Allowable uses of funds.
Subtitle C—General provisions
Sec. 121. Supplement, not supplant.
Sec. 122. Prohibition regarding State aid.
Sec. 123. Maintenance of effort.
Sec. 124. Special rules on contracting.
Sec. 125. Use of American iron, steel, and manufactured goods.
Sec. 126. Labor standards; compliance with existing statutes.
Sec. 127. Charter schools.
Sec. 128. Green schools.
Sec. 129. Reporting.
Sec. 130. Special rules.
Sec. 131. Promotion of employment experiences.
Sec. 132. Availability of funds.
Sec. 133. Alternate distribution of funds.
Title II—Student Jobs Corps
Sec. 201. Student Jobs Corps.
Title III—Park Improvement Corps
Sec. 301. Appropriation of additional funds for Public Lands Corps.
Title IV—Neighborhood Heroes Corps
Sec. 401. Teacher Corps.
Sec. 402. Appropriation of additional funds for Community Oriented Policing Services.
Sec. 403. Firefighters Corps.
Title V—Health Care Corps
Sec. 501. Purpose.
Sec. 502. Health care and long-term care providers.
Sec. 503. Supplement, not supplant.
Title VI—Community Corps
Sec. 601. Purpose.
Sec. 602. Community Corps.
Sec. 603. Application.
Sec. 604. Activities of the Community Corps.
Sec. 605. Hiring and preferences.
Sec. 606. Additional requirements for States and units of general local government.
Sec. 607. Employment status and compensation.
Sec. 608. Nondisplacement of existing employees.
Sec. 609. Dispute resolutions, whistleblower hotline, and enforcement by the Secretary.
Sec. 610. Definitions.
Title VII—Child Development Corps
Sec. 701. Purpose.
Sec. 702. Child Development Corps.
Title VIII—General Provisions
Sec. 801. General requirements for entities receiving funding under this Act.
Sec. 802. Reporting.
Sec. 803. Hiring and preferences.
Sec. 804. Flexibility on hiring.
Sec. 805. Nondisplacement.
Sec. 806. Employment status and compensation in new programs.
Sec. 807. Dispute resolutions, whistleblower hotline, and enforcement by the Secretary.
Sec. 808. Termination.
School Improvement Corps
Purpose
It is the purpose of this title to provide for the creation of 400,000 construction jobs for the purpose of modernizing, renovating, or repairing public school facilities; and 250,000 maintenance jobs for the purpose of maintaining and improving public school facilities.
Definitions
In this title:
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).
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).
The term CHPS Criteria means the green building rating program developed by the Collaborative for High Performance Schools.
The term Energy Star means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency.
The term Green Globes means the Green Building Initiative environmental design and rating system referred to as Green Globes.
The term LEED Green Building Rating System means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as LEED Green Building Rating System.
The term local educational agency—
has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801);
includes any public charter school that constitutes a local educational agency under State law; and
includes the Recovery School District of Louisiana.
The term outlying area—
means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and
includes the Republic of Palau.
The term public school facilities means existing public elementary or secondary school facilities, including public charter school facilities and other existing facilities planned for adaptive reuse as public charter school facilities.
The term Secretary means the Secretary of Education.
The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
Grants for modernization, renovation, or repair of public school facilities
Purpose
Grants under this subtitle shall be for the purpose of modernizing, renovating, or repairing public school facilities (including early learning facilities, as appropriate), based on the need of the facilities for such improvements, to ensure that public school facilities are safe, healthy, high-performing, and technologically up-to-date.
Allocation of funds
Reservation
In general
From the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a)(1), the Secretary shall reserve 2 percent of such amount, consistent with the purpose described in section 132(a)(1)—
to provide assistance to the outlying areas; and
for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools.
Use of reserved funds
In each fiscal year, the amount reserved under paragraph (1) shall be divided between the uses described in subparagraphs (A) and (B) of such paragraph in the same proportion as the amount reserved under section 1121(a) of the Elementary and Secondary Education Act of 1965 (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.
Distressed areas and natural disasters
From the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a), the Secretary shall reserve 5 percent of such amount for grants to—
local educational agencies serving geographic areas with significant economic distress, to be used consistent with the purpose described in section 111 and the allowable uses of funds described in section 113;
local educational agencies serving geographic areas recovering from a natural disaster; and
local educational agencies serving geographic areas that contain a military installation selected for closure under the base closure and realignment process pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
Allocation to States
State-by-State allocation
Of the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a)(1), and not reserved under subsection (a), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 (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.
State administration
A State may reserve up to 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this subtitle, which include—
providing technical assistance to local educational agencies;
developing an online, publicly searchable database that includes an inventory of public school facilities in the State, including for each such facility, its design, condition, modernization, renovation and repair needs, utilization, energy use, and carbon footprint; and
creating voluntary guidelines for high-performing school buildings, including guidelines concerning the following:
Site location, storm water management, outdoor surfaces, outdoor lighting, and transportation, including public transit and pedestrian and bicycle accessability.
Outdoor water systems, landscaping to minimize water use, including elimination of irrigation systems for landscaping, and indoor water use reduction.
Energy efficiency (including minimum and superior standards, such as for heating, ventilation, and air conditioning systems), use of alternative energy sources, commissioning, and training.
Use of durable, sustainable materials, including life-cycle cost effectiveness, and waste reduction.
Indoor environmental quality, such as day lighting in classrooms, lighting quality, indoor air quality (including with reference to reducing the incidence and effects of asthma and other respiratory illnesses), acoustics, and thermal comfort.
Operations and management, such as use of energy-efficient equipment, indoor environmental management plan, maintenance plan, and pest management.
Grants to local educational agencies
From the amount allocated to a State under paragraph (1), each eligible local educational agency in the State shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year, except that no local educational agency that received funds under such part for such fiscal year shall receive a grant of less than $5,000 in any fiscal year under this subtitle.
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).
Special rules
Distributions by Secretary
The Secretary shall make and distribute the reservations and allocations described in subsections (a) and (b) not later than 90 days after an appropriation of funds for this subtitle is made.
Distributions by States
A State shall make and distribute the allocations described in subsection (b)(3) within 60 days of receiving such funds from the Secretary.
Allowable uses of funds
In general
A local educational agency receiving a grant under this subtitle shall use the grant for modernization, renovation, or repair of public school facilities (including early learning facilities and charter schools, as appropriate), including—
repair, replacement, or installation of roofs, including extensive, intensive or semi-intensive green roofs, electrical wiring, water supply and plumbing systems, sewage systems, storm water runoff systems, lighting systems, building envelope, windows, ceilings, flooring, or doors, including security doors;
repair, replacement, or installation of heating, ventilation, or air conditioning systems, including insulation, and conducting indoor air quality assessments;
compliance with fire, health, seismic, and safety codes, including professional installation of fire and life safety alarms, and modernizations, renovations, and repairs that ensure that schools are prepared for emergencies, such as improving building infrastructure to accommodate security measures and installing or upgrading technology to ensure that schools are able to respond to emergencies such as acts of terrorism, campus violence, and natural disasters;
retrofitting necessary to increase the energy efficiency and water efficiency of public school facilities;
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);
abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, lead-based hazards, including lead-based paint hazards, or a proven carcinogen;
measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution;
modernization, renovation, or repair necessary to reduce the consumption of coal, electricity, land, natural gas, oil, or water;
installation or upgrading of educational technology infrastructure;
modernization, renovation, or repair of science and engineering laboratories, libraries, and career and technical education facilities, and improvements to building infrastructure to accommodate bicycle and pedestrian access;
installation or upgrading of renewable energy generation and heating systems, including solar, photovoltaic, wind, biomass (including wood pellet and woody biomass), waste-to-energy, and solar-thermal and geothermal systems, and for energy audits;
measures designed to reduce or eliminate human exposure to airborne particles such as dust, sand, and pollens;
creating greenhouses, gardens (including trees), and other facilities for environmental, scientific, or other educational purposes, or to produce energy savings;
modernizing, renovating, or repairing physical education facilities for students, including upgrading or installing recreational structures made from post-consumer recovered materials in accordance with the comprehensive procurement guidelines prepared by the Administrator of the Environmental Protection Agency under section 6002(e) of the Solid Waste Disposal Act (42 U.S.C. 6962(e));
other modernization, renovation, or repair of public school facilities to—
improve teachers’ ability to teach and students’ ability to learn;
ensure the health and safety of students and staff;
make them more energy efficient; or
reduce class size; and
required environmental remediation related to modernization, renovation, or repair described in paragraphs (1) through (15).
Administrative costs
A local educational agency receiving a grant under this title may not use more than 1 percent of such grant funds for administrative costs.
Priority projects
In selecting a project under section 113, a local educational agency may give priority to projects involving the abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, lead-based hazards, including lead-based paint hazards, or a proven carcinogen.
Grants for maintenance Costs
Allocation to States
State-by-State allocation
Of the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a)(2), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 (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.
Grants to local educational agencies
From the amount allocated to a State under subsection (a), each eligible local educational agency in the State shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year.
Allowable uses of funds
Required use of funds
A local educational agency receiving a grant under this subtitle shall use the grant for payment of maintenance costs, including routine repairs classified as current expenditures under State or local law.
Administrative costs
A local educational agency receiving a grant under this subtitle may not use more than 1 percent of such grant funds for administrative costs.
General provisions
Supplement, not supplant
A local educational agency receiving a grant under this title shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for modernization, renovation, repair, maintenance, and construction of public school facilities.
Prohibition regarding State aid
A State shall not take into consideration payments under this title in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children.
Maintenance of effort
In general
A local educational agency may receive a grant under this title for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year.
Waiver
The Secretary shall waive the requirements of this section if the Secretary determines that a waiver would be equitable due to—
exceptional or uncontrollable circumstances, such as a natural disaster; or
a precipitous decline in the financial resources of the local educational agency.
Special rules on contracting
Local educational agency requirements
In general
Each local educational agency receiving a grant under this title shall ensure that, if the agency carries out modernization, renovation, repair, maintenance, or construction through a contract, the process for any such contract ensures the maximum number of qualified bidders, including local, small, minority, and women- and veteran-owned businesses, through full and open competition.
Review of applications
In reviewing awarding contracts under paragraph (1), a local educational agency shall give preference to businesses that demonstrate—
current and past compliance with Federal and State labor laws, including laws concerning wage and hour, labor relations, family and medical leave, occupational safety and health, and living wage standards; and
terms and conditions of employment including payment of living wage; availability of sick, vacation and retirement benefits; and existence of grievance procedures and labor-management committees.
Certification by businesses
Any business competing for a contract with a local educational agency receiving funds under this title shall certify to the local educational agency that the business has a record of compliance and is currently in compliance with Federal, State, and local labor and workplace laws, including statutes concerning wage and hour, labor relations, family and medical leave, occupational safety and health, and living wage standards.
Use of American iron, steel, and manufactured goods
In general
None of the funds appropriated or otherwise made available by this title may be used for a project for the modernization, renovation, repair, maintenance, or construction of a public school facility unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.
Exceptions
Subsection (a) shall not apply in any case or category of cases in which the Secretary finds that—
applying subsection (a) would be inconsistent with the public interest;
iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.
Publication of justification
If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall publish in the Federal Register a detailed written justification of the determination.
Construction
This section shall be applied in a manner consistent with United States obligations under international agreements.
Labor standards; compliance with existing statutes
In general
The grant programs under this subtitle are applicable programs (as that term is defined in section 400 of the General Education Provisions Act (20 U.S.C. 1221)) subject to section 439 of such Act (20 U.S.C. 1232b).
Compliance with existing statutes
Each local educational agency receiving a grant under this title shall comply with all applicable Federal, State, and local health, safety, labor, and civil rights laws.
Charter schools
A local educational agency receiving a grant under this title may reserve an amount of that grant for charter schools within its jurisdiction for modernization, renovation, repair, and construction, or maintenance of charter school facilities (including early learning facilities, as appropriate).
Green schools
In general
A local educational agency receiving a grant under this title shall, to the maximum extent practicable, use such funds for public school modernization, renovation, repair, or construction or maintenance that are certified, verified, or consistent with any applicable provisions of—
the LEED Green Building Rating System;
Energy Star;
the CHPS Criteria;
Green Globes; or
an equivalent program adopted by the State, or another jurisdiction with authority over the local educational agency, that includes a verifiable method to demonstrate compliance with such program.
Rule of construction
Nothing in this section shall be construed to prohibit a local educational agency from using sustainable, domestic hardwood lumber as ascertained through the forest inventory and analysis program of the Forest Service of the Department of Agriculture under the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et seq.) for public school modernization, renovation, repairs, or construction.
Technical assistance
The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall provide outreach and technical assistance to States and local educational agencies concerning the best practices in school modernization, renovation, repair, and construction, including those related to student academic achievement, student and staff health, energy efficiency, and environmental protection.
Reporting
Reports by local educational agencies
Local educational agencies receiving a grant under this title shall annually compile a report describing the projects for which such funds were used, including—
the number and identity of public schools in the agency, including the number of charter schools, and for each school, the total number of students, and the number of students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5));
the total amount of funds received by the local educational agency under this title, and for each public school in the agency, including each charter school, the amount of such funds expended, and the types of modernization, renovation, repair, or construction projects for which such funds were used;
the number of students impacted by such projects, including the number of students so impacted who are counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5));
the number of public schools in the agency with a metro-centric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics and the percentage of funds received by the agency under subtitle A or subtitle B of this title that were used for projects at such schools;
the number of public schools in the agency that are eligible for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) and the percentage of funds received by the agency under subtitle A or subtitle B of this title that were used for projects at such schools;
for each project—
the cost;
the standard described in section 128(a) with which the use of the funds complied or, if the use of funds did not comply with a standard described in section 128(a), the reason such funds were not able to be used in compliance with such standards and the agency’s efforts to use such funds in an environmentally sound manner; and
any demonstrable or expected benefits as a result of the project (such as energy savings, improved indoor environmental quality, student and staff health, including the reduction of the incidence and effects of asthma and other respiratory illnesses, and improved climate for teaching and learning);
the total number and amount of contracts awarded, and the number and amount of contracts awarded to local, small, minority, women, and veteran-owned businesses; and
the total number of jobs created by funding under this title by—
the local educational agency; and
contractors who performed work for the local educational agency under this title.
Availability of reports
A local educational agency shall—
submit the report described in subsection (a) to the State educational agency, which shall compile such information and report it annually to the Secretary; and
make the report described in subsection (a) publicly available, including on the agency’s Web site.
Reports by Secretary
Not later than March 31 of each fiscal year, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, and make available on the Department of Education’s Web site, a report on grants made under this subtitle, including the information from the reports described in subsection (b)(1).
Special rules
Notwithstanding any other provision of this subtitle, none of the funds authorized by this title may be—
used to employ workers in violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a); or
distributed to a local educational agency that does not have a policy that requires a criminal background check on all employees of the agency.
Promotion of employment experiences
The Secretary of Education, in consultation with the Secretary of Labor, shall work with recipients of funds under this subtitle to promote appropriate opportunities to gain employment experience working on modernization, renovation, repair, maintenance, and construction projects funded under this subtitle for—
participants in a YouthBuild program (as defined in section 173A of the Workforce Investment Act of 1998 (29 U.S.C. 2918a));
individuals enrolled in the Job Corps program carried out under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.);
individuals enrolled in a junior or community 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 described in section 128(a); and
participants in preapprenticeship programs that have direct linkages with apprenticeship programs that are registered with the Department of Labor or a State Apprenticeship Agency under the National Apprenticeship Act of 1937 (29 U.S.C. 50 et seq.).
Availability of funds
Authorization and appropriation
There are authorized to be appropriated, and there are appropriated, for each of fiscal years 2012 and 2013—
to carry out subtitle 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
to carry out subtitle 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.
Prohibition on earmarks
None of the funds appropriated under this section may be used for a Congressional earmark as defined in clause 9(d) of rule XXI of the Rules of the House of Representatives for the 112th Congress.
Sunset
The authority to award grants under this title shall expire at the end of fiscal year 2013.
Alternate distribution of funds
If, within 30 days after the date of the enactment of this Act, a local educational agency has submitted to the Secretary a certification that they are refusing funds they are eligible to receive under this title, the Secretary shall provide for funds allocated to that local educational agency to be distributed to another entity or other entities in the State, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to funds appropriated under this section shall apply to such funds distributed to such entity or entities.
Student Jobs Corps
Student Jobs Corps
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.).
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 participating in work-study programs in accordance with such part.
Relation to other funds
Amounts appropriated by subsection (b) are in addition to amounts appropriated pursuant to the authorization of appropriations in section 441(b) of the Higher Education Act of 1965 (20 U.S.C. 2751(b)) and amounts otherwise made available by any other Act for the Federal Work-Study program under part C of such Act of 1965.
Matching funds not required
Notwithstanding 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 education shall not be required to provide matching funds for any funds made available to the institution by this section.
Park Improvement Corps
Appropriation of additional funds for Public Lands Corps
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).
Appropriation of additional appropriations
Forest Service
There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary of Agriculture $125,000,000 for each of fiscal years 2012 and 2013—
to carry out the Public Lands Corps established in the Department of Agriculture under section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723);
to support qualified youth or conservation corps to perform conservation projects referred to in subsection (d) of such section; and
to support resource assistants selected under section 206 of such Act (16 U.S.C. 1725).
Department of the Interior
There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary of the Interior $125,000,000 for each of fiscal years 2012 and 2013—
to carry out the Public Lands Corps established in the Department of the Interior under section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723);
to support qualified youth or conservation corps to perform conservation projects referred to in subsection (d) of such section; and
to support resource assistants selected under section 206 of such Act (16 U.S.C. 1725).
Relation to other funds for Public Lands Corps
Amounts appropriated by subsection (b) are in addition to amounts appropriated pursuant to the authorization of appropriations in section 211 of the Public Lands Corps Act of 1993 (16 U.S.C. 1730) and amounts allocated to the Public Lands Corps through other Federal programs or projects.
Expedited obligation of funds
Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall commence obligation of the funds appropriated by subsection (b) for fiscal year 2012 by utilizing the pool of remaining applications for fiscal year 2011 assistance under the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). If the number of fiscal year 2011 applications is insufficient to use the entire amount of the additional funds appropriated for fiscal year 2012, the Secretaries shall announce an open solicitation process for new applications for assistance.
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).
Neighborhood Heroes Corps
Teacher Corps
Purpose
It is the purpose of this section to provide for the retention, rehiring, and hiring of 300,000 education jobs.
Authorization and appropriation
There are authorized to be appropriated and there are appropriated out of any money in the Treasury not otherwise obligated for necessary expenses for a Teacher Corps, $20,000,000,000 for each of fiscal years 2012 and 2013: Provided, That the amount under this section shall be administered under the terms and conditions of sections 14001 through 14013 and title XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) except as follows:
Allocation of funds
Funds appropriated under this section shall be available only for allocation by the Secretary of Education (in this section referred to as the Secretary) in accordance with subsections (a), (b), (d), (e), and (f) of section 14001 of division A of 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 subsection (f) shall be applied by substituting one year for two years.
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 Indian Affairs on the basis of the schools’ respective needs for activities consistent with this section under such terms and conditions as the Secretary of the Interior may determine.
Reservation
A State that receives an allocation of funds appropriated under this section may reserve not more than 1 percent for the administrative costs of carrying out its responsibilities with respect to those funds.
Awards to local educational agencies
Except as specified in paragraph (2), an allocation of funds to a State shall be used only for awards to local educational agencies for the support of elementary and secondary education in accordance with paragraph (5) for the 2011–2012 and 2012–2013 school years.
Funds used to support elementary and secondary education shall be distributed through a State’s primary elementary and secondary funding formulae or based on local educational agencies’ relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year for which data are available.
Subsections (a) and (b) of section 14002 of division A of Public Law 111–5 shall not apply to funds appropriated under this section.
Compliance with education reform assurances
For purposes of awarding funds appropriated under this section, any State that has an approved application for Phase II of the State Fiscal Stabilization Fund that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142) shall be deemed to be in compliance with subsection (b) and paragraphs (2) through (5) of subsection (d) of section 14005 of division A of Public Law 111–5.
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)—
may be used only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services; and
may not use more than 1 percent of such grant funds for administrative costs.
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—
establish, restore, or supplement a rainy-day fund;
supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund;
reduce or retire debt obligations incurred by the State; or
supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State.
Supplement, not supplant
Funds made available under this section shall be used to supplement, not supplant, the amount of funds that would, in the absence of the Federal funds made available under this section, be made available from local, State, and Federal sources to provide compensation and other expenses such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services.
Deadline for award
The Secretary shall award funds appropriated under this section not later than 45 days after the date of the enactment of this Act to States that have submitted applications meeting the requirements applicable to funds under this section. The Secretary shall not require information in applications beyond what is necessary to determine compliance with applicable provisions of law.
Alternate distribution of funds
If, within 30 days after the date of the enactment of this Act, a Governor has not submitted an approvable application, the Secretary shall provide for funds allocated to that State to be distributed to another entity or other entities in the State (notwithstanding section 14001(e) of division A of Public Law 111–5) for support of elementary and secondary education, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to funds appropriated under this section shall apply to such funds distributed to such entity or entities. No distribution shall be made to a State under this paragraph, however, 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.
Local educational agency application
Section 442 of the General Education Provisions Act shall not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of Public Law 111–5. The assurances provided under that application shall continue to apply to funds awarded under this section.
Maintenance of effort
In general
Subject to subparagraph (B), a local educational agency may receive a grant under this title for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year.
Waiver
The Secretary shall waive the requirements of this section if the Secretary determines that a waiver would be equitable due to—
exceptional or uncontrollable circumstances, such as a natural disaster; or
a precipitous decline in the financial resources of the local educational agency.
ARRA provision not applicable
Section 14005(d)(1) and subsections (a) through (c) of section 14012 of division A of Public Law 111–5 shall not apply to funds appropriated under this section.
Appropriation of additional funds for Community Oriented Policing Services
Purpose
It is the purpose of this section to provide for the hiring and rehiring of an additional 40,000 State, local, and tribal career law enforcement officers through the Community Oriented Policing Services program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.).
Authorization and appropriation of additional amounts
There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Attorney General $5,000,000,000 for each of the fiscal years 2012 and 2013 for grants under section 1701(b)(1) and (2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (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 subsection (i) of such section.
Relation to other funds for COPS
Amounts appropriated by subsection (b) are in addition to amounts appropriated pursuant to the authorization of appropriations in section 1001(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (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.
Expedited obligation of funds
Not later than 90 days after the date of the enactment of this Act, the Attorney General shall commence obligation of the funds appropriated by subsection (b) for fiscal year 2012 by utilizing the pool of applicants who submitted applications for fiscal year 2011 grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) but did not receive funding 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 insufficient to use the entire amount of the additional funds appropriated 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 requirements of section 1702 of such Act (42 U.S.C. 3796dd–1).
Waiver of certain requirements
Notwithstanding any other provision of law, subsection (g) of section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (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.
Firefighters Corps
Purpose
It is the purpose of this section to provide for the hiring and rehiring of an additional 12,000 firefighters through section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a).
Amendment authorizing funds
Section 34(i) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(i)) is amended—
in paragraph (6)
by striking and
;
in paragraph (7) by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
$1,200,000,000 for fiscal year 2012; and
$1,200,000,000 for fiscal year 2013.
.
Appropriation
In general
There is hereby appropriated out of any money in the Treasury not otherwise appropriated $1,200,000,000 for each of the fiscal years 2012 and 2013 to carry out section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a).
Limitation
None of the funds made available under paragraph (1) of this Act may be used to enforce the requirements of subparagraphs (A), (B), or (E) of subsection (a)(1) or paragraphs (1), (2), or (4)(A) of subsection (c) of such section 34.
Expedited obligation of funds
Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall commence obligation of the funds appropriated by subsection (c) for fiscal year 2012 by utilizing the pool of applicants who submitted applications for fiscal year 2011 grants under section 34 of the Federal Fire Prevention and Control Act of 1974 but did not receive funding under such section for such fiscal year for hiring and rehiring of additional firefighters. If the number of such fiscal year 2011 applicants is insufficient to use the entire amount of the additional funds appropriated for fiscal year 2012, the Secretary of Homeland Security shall announce an open solicitation process for new applications for grants, to be submitted in accordance with the requirements of such section 34.
Health Care Corps
Purpose
It is the purpose of this title to provide for the creation of a grant to hire at least 40,000 health care and long-term care professionals to expand access to care.
Health care and long-term care providers
Part D of title III of the Public Health Service Act is amended by inserting after subpart III (42 U.S.C. 254l et seq.) the following:
Hiring and retaining additional health care and long-Term care professionals
Hiring and retaining additional health care and long-term care professionals
In general
The Secretary may provide financial assistance to health care or long-term care providers to pay all or part of the costs of hiring and retaining health care or long-term care professionals in addition to the professionals who, but for such assistance, would be hired and retained.
Eligible assistance recipients
Health care and long-term care providers eligible for assistance under subsection (a) include the following:
A health care or long-term care provider serving a health professional shortage area designated under section 332.
A Federally qualified health center (as defined in section 1861(aa) of the Social Security Act).
A rural health clinic.
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.
A public hospital.
A public health agency.
A nursing home or long-term care facility.
An intermediate care or developmentally disabled facility.
A critical access hospital.
A school-based health center.
A university or college mental health facility.
An Indian health program or facility operated by an Indian tribe or tribal organization.
A correctional facility.
Eligible health professionals
Health care and long-term care professionals who may be hired or retained using assistance provided under this section include the following:
Dentists.
Certified nurse midwives.
Psychologists.
Licensed clinical social workers.
Licensed professional counselors.
Marriage and family therapists.
Nurse practitioners, including those specializing in psychiatry.
Nurses, including advanced practice nurses.
Physicians, including osteopathic physicians.
Physician assistants, including those specializing in psychiatry.
Psychiatric nurse specialists.
Registered dental hygienists.
Community health workers.
Occupational and physical therapists.
Optometrists.
Certified nursing assistants.
Direct care workers.
Application process
In general
The Secretary shall—
not later than 60 days after the date of the enactment of this section, solicit applications for financial assistance under this section;
require that any such application be submitted—
not later than 90 days after the date of the enactment of this section; and
in such manner and containing such information as the Secretary may require; and
not later than 120 days after the date of the enactment of this section, determine which such applications will be approved and provide notice of such determination to the applicants.
Compliance with labor and workplace laws
As a condition on eligibility for financial assistance under this section, an application under paragraph (1) shall demonstrate to the Secretary’s satisfaction that the applicant has a record of compliance, and is currently in compliance, with Federal, State, and local labor and workplace laws, including Federal, State, and local laws—
relevant to hiring and retaining health care or long-term care professionals, such as laws—
requiring background checks in connection with hiring;
requiring such professionals to be licensed or certified; or
limiting the scope of practice;
concerning wage and hour, labor relations, family and medical leave, occupational safety and health, or living wage standards; or
concerning other terms and conditions of employment such as the availability of sick, vacation, and retirement benefits and the existence of grievance procedures and labor-management committees.
Authorization and appropriation of additional amounts
To carry out this section, there are authorized to be appropriated, and there are hereby appropriated to the Department of Health and Human Services, out of amounts in the Treasury not otherwise appropriated, $4,000,000,000 for each of fiscal years 2012 and 2013.
.
Supplement, not supplant
A health care or long-term care provider receiving a grant under this title shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for hiring and retaining health care or long-term care professionals.
Community Corps
Purpose
It is the purpose of this title to provide for the creation of an additional 750,000 jobs through funding to States and units of general local government to establish and administer a Community Corps.
Community Corps
Funding
There are authorized to be appropriated and there are appropriated out of any money in the Treasury not otherwise obligated for necessary expenses to the Secretary of Labor, in consultation with the Secretary of Housing and Urban Development, to provide to States and units of general local government to establish and administer a Community Corps, $30,000,000,000 for each of fiscal years 2012 and 2013.
Allotment Formula
Reservations by the Secretary
Of the amount appropriated under subsection (a) for each fiscal year, the Secretary may reserve—
not more than 1 percent to administer this title;
not more than 0.5 percent to award grants, on a competitive basis, to Indian tribes for purposes of this title.
Making Funds Available for Allotment by the Secretary
Of the amounts appropriated under subsection (a) and not reserved under paragraph (1) of this subsection, the Secretary shall allot the amounts for each fiscal year as follows:
Seventy percent to entitlement communities, of which the Secretary shall allot—
25 percent by allotting to each entitlement community an amount which bears the same ratio to the total amount to be allotted under this clause as the population of the entitlement community bears to the total population of all entitlement communities;
25 percent by allotting each entitlement community an amount which bears the same ratio to the total amount to be allotted under this clause as the extent of poverty in the entitlement community bears to the extent of poverty in all entitlement communities; and
50 percent by allotting to each entitlement community in an amount which bears the same ratio to the total to be allotted under this clause as the number of unemployed individuals in the entitlement community bears to the total number of unemployed individuals in all entitlement communities.
Thirty percent to States, of which the Secretary shall allot—
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;
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
50 percent by allotting to each State an amount which bears the same ratio to the total amount to be allotted under this clause as the number of unemployed individuals in the State bears to the total number of unemployed individuals in all States.
Reservation and Allotments by States
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.
Allotments by States
A State shall provide all of the funds allotted to the State under paragraph (2)(B) that are not reserved under subparagraph (A) to units of general local government located in nonentitlement areas of the State to employ individuals under the Community Corps program, of which the State shall allot—
25 percent to each such unit in an amount which bears the same ratio to the total amount made available under this clause as the population of the unit bears to the total population of all such units;
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
50 percent to each such unit in an amount which bears the same ratio to the total amount made available under this clause as the number of unemployed individuals in the unit bears to the total number of unemployed individuals in all such units.
Reallocation
If a State or entitlement community does not apply for an allotment under this section for any fiscal year, or if a State’s or entitlement community’s application is not approved, the Secretary shall reallot such amount to the remaining States or entitlement in accordance with paragraph (2).
Application
In general
Each State or entitlement community desiring to establish a Community Corps under this title shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
Fiscal year 2012 requirements
For fiscal year 2012—
application requirements shall be released by Secretary within 30 days of enactment of this Act;
States and entitlement communities desiring to receive funds under this title for such fiscal year shall submit to the Secretary an application within 60 days of the date of enactment of this Act; and
the first allotments under this title shall be awarded by the Secretary not later than 90 days after the date of enactment of this Act.
Activities of the Community Corps
Consultation
A chief executive officer of a unit of general local government shall consult with the local community and labor organizations representing employees of such unit in determining the Community Corps positions that should be funded under this title for such unit for each fiscal year.
Activities
Each Community Corps funded under this title shall employee individuals to carry out 1 or more of the following activities.
Energy audits and Conservation Upgrades
Perform energy audits of private homes and offer to weatherize them and install attic and crawl-space insulation, low-flow plumbing fixtures, and low-energy lighting fixtures. Provide homeowners with objective information concerning the cost and benefits of more complicated conservation upgrades the homeowners could contract with private firms to install.
Recycling and demanufacturing
Collect categories of recyclables that currently are under-collected (such as electronic components and household paints and chemicals) and perform initial demanufacturing work to reclaim reusable materials.
Urban Land Reclamation and Addressing Blight
Address the needs of distressed, foreclosure-affected, and natural-disaster affected areas. For vacant or foreclosed buildings, conduct maintenance, board up, or tear down, where appropriate. Salvage materials for recycling. Reclaim vacant land in urban areas for use as neighborhood parks and gardens. Test for the presence of hazardous materials, undertake necessary clean-up work, construct park and/or garden facilities, and establish maintenance programs involving the local community. For community gardens, operate model plantings to promote the project, involve local residents in the work, and provide instruction in urban gardening and farming.
Rural Conservation Work
In collaboration with activities under the Park Improvement Corps under title III, perform conservation work. Repair and upgrade trail systems in parklands. Construct shelters, bathrooms and recreational facilities. Undertake watercourse cleaning and reclamation projects. With proper training, conduct emergency work in cases of floods or wildfires, or other natural disasters.
Public Property Maintenance and Beautification
Under the direction of public entities that own public property (including building interiors and exteriors and landscapes, and including community centers, playgrounds, and libraries), conduct maintenance, beautification, and other improvement projects. Where appropriate, collaborate with projects funded under title I of this Act (School Improvement Corps).
Housing Rehabilitation
In general
Make improvements in privately owned rental housing units necessary to improve such units so that they comply with the housing quality standards applicable to units assisted under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), but only if the owner of the unit enters into an agreement sufficient to ensure that the owner—
pays the cost of materials used in the renovation work; and
charges rent for the unit, during the 5-year period beginning upon completion of the rehabilitation pursuant to this paragraph, in an amount not exceeding the fair market rental established under section 8(c) of such Act for a dwelling unit of the same size located in the same market area.
Free of charge
The Community Corps shall provide all labor required for any rehabilitation pursuant to this paragraph free of charge, except in the case of any major repairs that the Corps lacks the capacity to perform.
New Housing Construction
Construct new homes on abandoned land in poorer communities or the rehabilitate abandoned properties for use as residences, using the self-help homeowner participation model employed by Habitat for Humanity International under which prospective homeowners contribute a significant amount of sweat equity in the construction or rehabilitation of the home. Participating homeowners shall be selected on the basis of inability to otherwise purchase a home in the regular housing market and willingness and capability to assume the responsibilities of homeownership. Construction materials shall be included in the cost of homeownership, but all construction labor shall be furnished free of charge by the Community Corps.
Other community improvement activities
Other community improvement activities as authorized by the Secretary.
Hiring and preferences
In general
In hiring individuals for a Community Corps position under this title, a State or unit of general local may only employ unemployed individuals, except in a case of a position (including a managerial position) for which no qualified unemployed individual has applied.
Priorities in Recruitment and Hiring
In recruiting and hiring unemployed individuals for positions funded under this title, States and units of general local government shall target recruitment efforts and prioritize hiring with respect to individuals who are—
unemployed individuals who have exhausted their entitlement to unemployment compensation;
unemployed veterans of the Armed Forces and unemployed members of the reserve components of the Armed Forces;
unemployed individuals, who immediately before employment in the Community Corps, are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws;
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
unemployed young people, including those who have not previously been employed.
State employment agencies
In hiring for Community Corps positions under this title, a State or unit of general local government shall utilize, among other methods, a State or local employment agencies, such as a one-stop career center or one-stop partner.
Notice
Each listing for a position for a Community Corps shall be posted on a State or local employment web site.
Additional requirements for States and units of general local government
Administrative expenses
Each State or unit of general local government receiving an allotment under section 602 may not use more than 5 percent of the allotment for administrative purposes.
Compliance With Local Laws and Contracts
In hiring individuals for positions funded under this title, or using administrative funds under this title to continue to provide employee compensation for existing employees, a State or unit of general local government shall comply with all applicable Federal, State, and local laws, personnel policies and regulations, and collective bargaining agreements, as if such individual were hired, or such employee compensation was provided, without assistance under this title.
Coordination
To the maximum extent practicable, each State or unit of general local government receiving an allotment under section 602, shall—
integrate education and job skills training, including basic skills instruction and secondary education services;
coordinate to the maximum extent feasible with pre-apprenticeship and apprenticeship programs; and
provide jobs in sectors where job growth is most likely, as determined by the Secretary, and in which career advancement opportunities exist to maximize long-term, sustainable employment for individuals after employment funded under this Act ends.
Supplement, not supplant
A State or unit of general local government receiving funding under this title shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available to pay the cost of employing individuals to perform the types of work authorized under this title.
Employment status and compensation
Employee Status
In general
An individual hired for a position funded under this title shall—
be considered an employee of the State or unit of general local government by which such individual was hired;
receive the same employee compensation, have the same rights (including health insurance benefits and paid holidays and vacations) and responsibilities and job classifications, and be subject to the same job standards, employer policies, and collective bargaining agreements as if such individual was hired without assistance under this title; and
fill a position that offers full-time, full-year employment.
Definitions
For purposes of this subsection—
the term full-time when used in relation to employment has the meaning already established or, if the meaning has not been established, determined to be appropriate for purposes of this title, by the State or unit of general local government hiring an individual under this title; and
the term full-year when used in relation to employment means a position that provides employment for a 12-month period, except that in the case of a position that provides a service required by a State or unit of general local government for only the duration of a school year, the term means a position that provides employment for such duration.
Limit on Number of Executive, Administrative, or Professional Positions
Units
Of the total number of positions funded under this title for a fiscal year for each State or unit of general local government—
not more than 20 percent shall be in a bona fide executive, administrative, or professional capacity; and
at least 80 percent shall not be in a bona fide executive, administrative, or professional capacity.
Definitions
For purposes of this subsection, the terms bona fide executive, bona fide administrative, and bona fide professional when used in relation to capacity shall have the meanings given such terms under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)).
Total Amount of Compensation
For each fiscal year for which funds are appropriated to carry out this title, each State or unit of general local government that receives funds under this title 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 title.
Limit on Period of Employment
Notwithstanding any agreement or other provision of law (other than those provisions of law pertaining to civil rights in employment), a State or unit of general local government shall not be obligated to employ the individuals hired under this title or retain the positions filled by such individuals beyond the period for which the State or unit receives funding under this title.
Nondisplacement of existing employees
In general
A State or unit of general local government may not employ an individual for a position funded under this title, if—
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
such individual will perform the same or substantially similar work that had previously been performed by an employee of the unit who—
has been laid off or partially displaced (as such term is described in paragraph (1)); and
has not been offered by the unit, to be restored to the position the employee had immediately prior to being laid off or partially displaced.
Elimination of position
For the purposes of this subsection, a position shall be considered to have been eliminated by a State or unit of general local government if the position has remained unfilled and the unit has not sought to fill such position for at least a period of one month.
Promotional opportunities
An individual may not be hired for a position funded under this title in a manner that infringes upon the promotional opportunities of an existing employee (as of the date of such hiring) of a unit receiving funding under this title.
Dispute resolutions, whistleblower hotline, and enforcement by the Secretary
Establishment of Arbitration Procedure
In general
Each unit of general local government that is an entitlement community and each State that receives funding under this title shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections (b) and (c).
Written grievances
In general
If an employee (or an employee representative) wishes to use the arbitration procedure described in this subsection, such party shall file a written grievance within the time period required under subsection (b) or (c), as applicable, simultaneously with the chief executive officer of a unit or State involved in the dispute and the Secretary.
In-person meeting
Not later than 10 days after the date of the filing of the grievance, the chief executive officer (or the designee of the chief executive officer) shall have an in-person meeting with the party to resolve the grievance.
Arbitration
Submission
If the grievance is not resolved within the time period described in paragraph (2)(B), a party, by written notice to the other party involved, may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties.
Appointment by secretary
If the parties cannot agree on an arbitrator within 5 days of submitting the grievance to binding arbitration under subparagraph (A), one of the parties may submit a request to the Secretary to appoint a qualified and independent arbitrator. The Secretary shall appoint a qualified and independent arbitrator within 15 days after receiving the request.
Hearing
Unless the parties mutually agree otherwise, the arbitrator shall conduct a hearing on the grievance and issue a decision not later than 30 days after the date such arbitrator is selected or appointed.
Costs
In general
Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration.
Exception
If a grievant prevails under an arbitration proceeding, the unit of general local government or State involved in the dispute shall pay the cost of such proceeding, including attorneys’ fees.
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 603 is published in accordance with paragraph (1)(C) of such section. Upon receiving a copy of the grievance, the Secretary shall withhold the funds subject to such grievance, unless and until the grievance is resolved under subsection (a), by the parties or an arbitrator in favor of providing such funding.
All Other Disputes
In general
In the case of a dispute not covered under subsection (b) concerning compliance with the requirements of this title by a unit of general local government that is an entitlement community or State receiving funds under this title, an employee or employee representative of the unit or State may file a grievance under subsection (a) not later than 90 days after the dispute arises. In such cases, an arbitrator may award such remedies as are necessary to make the grievant whole, including the reinstatement of a displaced employee or the payment of back wages, and may submit recommendations to the Secretary to ensure further compliance with the requirements of this title, including recommendations to suspend or terminate funding, or to require the repayment of funds received under this title during any period of noncompliance.
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.
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).
Whistleblower Hotline; Enforcement by the Secretary
Whistleblower hotline
The Secretary shall post on a publicly accessible Internet Web site of the Department of Labor the contact information for reporting noncompliance with this title by a State or unit of general local government or individual receiving funding under this title.
Enforcement by the Secretary
In general
If the Secretary receives a complaint alleging noncompliance with this title, the Secretary may conduct an investigation and after notice and an opportunity for a hearing, may order such remedies as the Secretary determines appropriate, including—
withholding further funds under this title to a noncompliant entity;
requiring the entity to make an injured party whole; or
requiring the entity to repay to the Secretary any funds received under this title during any period of noncompliance.
Definition
For purposes of this paragraph, the term entity means State, unit of general local government, or individual.
Recommendation by an arbitrator
A remedy described in subparagraph (A) may also be ordered by the Secretary upon recommendation by an arbitrator appointed or selected under this section.
Definitions
In this title:
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).
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).
Employee compensation
The term employee compensation includes wages and benefits.
Entitlement communities
The term entitlement communities includes metropolitan cities and urban counties.
Indian tribe
The term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).
Secretary
The term Secretary means the Secretary of Labor.
Unemployed individual
The term unemployed individual has the meaning given such term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).
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.
Veteran
The term veteran has the meaning given such term in section 101 of the Workforce Investment Act (29 U.S.C. 2801).
Wage
The term wage has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
Child Development Corps
Purpose
It is the purpose of this title to provide for the creation of an additional 100,000 jobs through the Head Start Act.
Child Development Corps
Amendments to the Head Start Act
The Head Start Act (42 U.S.C. 9831 et seq.) is amended—
by inserting after section 639 the following:
Authorization of appropriations for employing Early Head Start professional employees
There is authorized to be appropriated $3,000,000,000 for each of the fiscal years 2012 and 2013 to carry out section 640A.
; and
by inserting after section 640 the following:
Employment of additional infant and toddler specialists
Employment of additional full-Time infant and toddler specialists
Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide funds appropriated under section 639A to Early Head Start programs to pay the cost of employing additional full-time infant and toddler specialists.
Funds to supplement not supplant
An Early Head Start program that receives funds under subsection (a) shall use such funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available to pay the cost of employing additional full-time infant and toddler specialists.
.
Appropriation
There is hereby appropriated out of any money in the Treasury not otherwise appropriated $3,000,000,000 for each of the fiscal years 2012 and 2013 to carry out section 640A of the Head Start Act.
General Provisions
General requirements for entities receiving funding under this Act
Compliance with existing laws and contracts
In hiring individuals for positions funded under this Act, or using funds under this Act to continue to provide employee compensation for existing employees, a State, unit of general local government, community-based organization, or business shall comply with all applicable Federal, State, and local laws relating to health, safety, civil rights, personnel policies and regulations, labor, and collective bargaining agreements, as if such individual were hired, or such employee compensation was provided, without assistance under this Act.
Compliance with federal civil rights laws
Federal civil rights laws described in subsection (a) shall include the following:
Title VI of the Civil Rights Act of 1964.
Title IX of the Education Amendments of 1972.
Sections 503 and 504 of the Rehabilitation Act of 1973.
The Age Discrimination Act of 1975.
Reporting
Reports to Secretaries
At the end of fiscal year 2012 and 2013, each State, unit of general local government, community-based organization, or business, or other entity that receives assistance under this Act 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 Act.
Reports to Congress
Each Secretary that receives a report under subsection (a) shall provide such reports to Congress not later than July 1, 2014.
Hiring and preferences
In general
In hiring individuals for positions funded under title I, title V, and title VII, an entity described in section 802 receiving funding under this Act may only employ unemployed individuals, except in a case of a position (including a managerial position) for which no qualified unemployed individual has applied.
Priorities in recruitment and hiring
In recruiting and hiring unemployed individuals for positions described in subsection, the entity shall target recruitment efforts and prioritize hiring with respect to individuals who are—
unemployed individuals who have exhausted their entitlement to unemployment compensation;
unemployed veterans of the Armed Forces and unemployed members of the reserve components of the Armed Forces;
unemployed individuals, who immediately before employment in the programs described in subparagraph (a), are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws;
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
in the case of employment under subtitle B of title I, unemployed young people, including those who have not previously been employed.
Rule of construction
Nothing in this section shall supersede the qualification requirements under titles I through VII or existing law, such as medical licensure where applicable for health corps or certification for early childhood development workers.
Flexibility on hiring
Funding under this Act shall be tied to the job created with the funding rather than to the individual awarded the job, and entities receiving funding under this Act are authorized to hire new employees to replace an individual that was hired with such funds, but who has left the position.
Nondisplacement
Nondisplacement of Existing Employees
In general
An entity described in section 802 that receives funding under this Act may not employ an individual for a position funded under this Act, if—
employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employee benefits) of an existing employee of the unit or organization; or
such individual will perform the same or substantially similar work that had previously been performed by an employee of the unit or organization who—
has been laid off or partially displaced (as such term is described in subparagraph (A)); and
has not been offered by the unit or organization, to be restored to the position the employee had immediately prior to being laid off or partially displaced.
Elimination of position
For the purposes of this subsection, a position shall be considered to have been eliminated by an entity receiving funding under this Act if the position has remained unfilled and the unit or organization has not sought to fill such position for at least a period of one month.
Promotional opportunities
An individual may not be hired for a position funded under this title in a manner that infringes upon the promotional opportunities of an existing employee (as of the date of such hiring) of an entity receiving funding under this Act.
Nondisplacement of Local Government Services
A business or community-based organization receiving funds under this title may not use such funds to provide services or functions that are customarily provided by a unit of general local government where such services or functions are provided by the organization.
Nondisplacement of local business
Where appropriate, any unit of government or community-based organizations receiving funds under this Act cannot use those funds to provide services or functions that are currently provided by a local business.
Employment status and compensation in new programs
Employee Status
An individual hired for a position funded under title I, title V, or title VI, or section 401 of title IV shall—
be considered an employee of the unit of general local government, business, or community-based organization, by which such individual was hired; and
receive the same employee compensation, have the same rights and responsibilities and job classifications, and be subject to the same job standards, employer policies, and collective bargaining agreements as if such individual was hired without assistance under this Act.
Total Amount of Compensation
For each fiscal year for which funds are appropriated to carry out this Act, each unit of general local government, each business, and each community-based organization that receives funds under the provisions described in subsection (a) for any such fiscal year shall use such funds to provide an amount equal to the total amount of employee compensation for the individuals such the entity hired under this Act.
Limit on Period of Employment
Notwithstanding any agreement or other provision of law (other than those provisions of law pertaining to civil rights in employment), a unit of general local government, business, or community-based organization shall not be obligated to employ the individuals hired under this Act 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).
Dispute resolutions, whistleblower hotline, and enforcement by the Secretary
Establishment of Arbitration Procedure
In general
Each entity that receives funding under this Act shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections (b) and (c).
Written grievances
In general
If an employee (or an employee representative) wishes to use the arbitration procedure described in this subsection, such party shall file a written grievance within the time period required under subsection (b) or (c), as applicable, simultaneously with the chief executive officer of an entity involved in the dispute and the Secretary of Labor.
In-person meeting
Not later than 10 days after the date of the filing of the grievance, the chief executive officer (or the designee of the chief executive officer) shall have an in-person meeting with the party to resolve the grievance.
Arbitration
Submission
If the grievance is not resolved within the time period described in paragraph (2)(B), a party, by written notice to the other party involved, may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties.
Appointment by secretary
If the parties cannot agree on an arbitrator within 5 days of submitting the grievance to binding arbitration under subparagraph (A), one of the parties may submit a request to the Secretary of Labor to appoint a qualified and independent arbitrator. The Secretary of Labor shall appoint a qualified and independent arbitrator within 15 days after receiving the request.
Hearing
Unless the parties mutually agree otherwise, the arbitrator shall conduct a hearing on the grievance and issue a decision not later than 30 days after the date such arbitrator is selected or appointed.
Costs
In general
Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration.
Exception
If a grievant prevails under an arbitration proceeding, the entity involved in the dispute shall pay the cost of such proceeding, including attorneys’ fees.
Disputes concerning the allotment of funds
In the case where a dispute arises as to whether an entity has improperly requested funds for services, an employee or employee representative of entity may file a grievance under subsection (a) not later than 15 days after public notice of an intent to request funds for services. Upon receiving a copy of the grievance, the Secretary of Labor shall withhold the funds subject to such grievance, unless and until the grievance is resolved under subsection (a), by the parties or an arbitrator in favor of providing such funding.
All Other Disputes
In general
In the case of a dispute not covered under subsection (b) concerning compliance with the requirements of this Act by an entity receiving funds under this title, an employee or employee representative of an entity may file a grievance under subsection (a) not later than 90 days after the dispute arises. In such cases, an arbitrator may award such remedies as are necessary to make the grievant whole, including the reinstatement of a displaced employee or the payment of back wages, and may submit recommendations to the Secretary of Labor to ensure further compliance with the requirements of this Act, including recommendations to suspend or terminate funding, or to require the repayment of funds received under this title during any period of noncompliance.
Existing grievance procedures
A party to a dispute described in paragraph (1) may use the existing grievance procedure of an entity involved in such dispute, or the arbitration procedure described in this subsection, to resolve such dispute.
Party Defined
For purposes of subsections (a), (b), and (c), the term party means an employee, employee representative, or entity involved in a dispute described in subsection (b) or (c).
Whistleblower Hotline; Enforcement by the Secretary
Whistleblower hotline
The Secretary of Labor shall post on a publicly accessible Internet Web site of the Department of Labor the contact information for reporting noncompliance with this title by a State, unit of general local government, community-based organization, business, or individual receiving funding under this title.
Enforcement by the secretary
In general
If the Secretary of Labor receives a complaint alleging noncompliance with this Act, the Secretary may conduct an investigation and after notice and an opportunity for a hearing, may order such remedies as the Secretary of Labor determines appropriate, including—
withholding further funds under this title to a noncompliant entity;
requiring the entity to make an injured party whole; or
requiring the entity to repay to the Secretary of Labor any funds received under this title during any period of noncompliance.
Recommendation by an arbitrator
A remedy described in subparagraph (A) may also be ordered by the Secretary of Labor upon recommendation by an arbitrator appointed or selected under this section.
Termination
Programs and funding authorized under this Act shall be phased-out over a 90-day period if national unemployment, as measured by the Bureau of Labor Statistics, falls under 5 percent. Such phase-out shall ensure that—
an individual hired under this Act shall not be fired prematurely;
projects funded under this Act shall be continued until completion; and
an individual hired under this Act may be replaced when such individual leaves the position for which the individual was hired.
