H.R. 6561 (112th): Teachers and First Responders Back to Work Act of 2012

112th Congress, 2011–2013. Text as of Sep 25, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

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112th CONGRESS

2d Session

H. R. 6561

IN THE HOUSE OF REPRESENTATIVES

September 25, 2012

introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on the Judiciary and Science, Space, and Technology, 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 direct the Secretary of Education to make grants to States to hire teachers and prevent layoffs, to direct the Secretary of Homeland Security to make grants to hire firefighters and prevent layoffs, and to direct the Attorney General to make grants to hire law enforcement officers and prevent layoffs, and for other purposes.

1.

Short title

This Act may be cited as the Teachers and First Responders Back to Work Act of 2012.

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TEACHER STABILIZATION

101.

Grants Authorized

Subject to the availability of appropriations to carry out this title, the Secretary of Education (referred to in this title as the Secretary) shall make grants to States to prevent teacher layoffs and support the creation of additional jobs in early childhood, elementary, and secondary public education in the 2012–2013 and 2013–2014 school years.

102.

Allocation of funds

(a)

Reservation of funds

From the amount appropriated to carry out this title under section 109, the Secretary—

(1)

shall reserve not more than ½ of 1 percent to provide assistance to the outlying areas on the basis of their respective needs, as determined by the Secretary, for activities consistent with this title under such terms and conditions as the Secretary may determine;

(2)

shall reserve not more than ½ of 1 percent to provide assistance to the Secretary of the Interior to carry out activities consistent with this title in schools operated or funded by the Bureau of Indian Education; and

(3)

may reserve not more than $2,000,000 for each of fiscal years 2012 and 2013 for administration and oversight of this title, including program evaluation.

(b)

Allocation

The Secretary shall determine an award amount for each State on the following basis:

(1)

Of the amount that is 60 percent of the remaining funds after reserving funds under subsection (a), the Secretary shall allocate to each State an amount that bears the same ratio as the population of individuals aged 5 through 17 living in the State to the population of such individuals in all other States.

(2)

Of the amount that is 40 percent of the remaining funds after reserving funds under subsection (a), the Secretary shall allocate to each State an amount that bears the same ratio as the State’s total population to the total population of all other States.

(c)

Reallocation

If a State does not receive a grant under this title, the Secretary shall reallocate such State’s grant allocation to States receiving grants under this title using the formula described in subsection (b).

103.

State application

(a)

Application

Not later than 30 days after the date of enactment of this Act, a chief executive of a State seeking a grant under this title shall submit an application to the Secretary in such manner, and containing such information, as the Secretary may reasonably require, including an assurance that the State will, for fiscal years 2012 and 2013—

(1)

maintain State support for early childhood, elementary, and secondary education (in the aggregate or on the basis of expenditure per pupil) at an amount that is not less than the level of such support for fiscal year 2011; or

(2)

maintain State support for early childhood, elementary, and secondary education (in the aggregate or on the basis of expenditure per pupil) at a percentage of a State’s total expenditures for a fiscal year that is equal to or greater than the percentage that the State provided for fiscal year 2011.

(b)

Letter

Not later than 30 days after the date of enactment of this Act, a chief executive of a State desiring not to receive a grant under this title shall submit a letter to the Secretary that includes an explanation of such chief executive’s desire not to receive such funds and such additional information as the Secretary may require.

(c)

Waiver

The Secretary may waive the requirement that a State provide an assurance in subsection (a) (1) or (2) with regard to any State if the Secretary determines that a waiver would be equitable due to—

(1)

exceptional or uncontrollable circumstances, such as a natural disaster; or

(2)

a precipitous decline in the financial resources of the State, as determined by the Secretary.

104.

State grants

(a)

Reservation

Each State receiving a grant under this title shall reserve—

(1)

not more than 10 percent of the grant funds for awards to State-funded early learning programs; and

(2)

not more than 2 percent of the grant funds for the administrative costs of carrying out its responsibilities under this title.

(b)

Subgrants to local educational agencies

(1)

In general

A State that receives a grant under this title shall, after reserving any funds under subsection (a), use the remaining grant funds for awards to local educational agencies for the support of early childhood, elementary, and secondary public education.

(2)

Allocation

A State that receives a grant under this title shall distribute the remaining grant funds described in paragraph (1) through subgrants on the following basis:

(A)

Of the amount that is 60 percent of such remaining grant funds, the State shall allocate to each local educational agency an amount that bears the same ratio as the local educational agency’s enrollment to the enrollment for all other local educational agencies in the State.

(B)

Of the amount that is 40 percent of such remaining grant funds, the State shall allocate to each local educational agency an amount that bears the same ratio as the funds that the local educational agency received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for fiscal year 2011 to the funds that all other local educational agencies in the State receive under such Act.

(3)

Timing

A State that receives a grant under this title shall make subgrants available to local educational agencies not later than 100 days after receiving a grant under this title.

(c)

Prohibitions

A State that receives a grant under this title may not use the grant funds to directly or indirectly—

(1)

establish, restore, or supplement a rainy-day fund;

(2)

supplant State funds in a manner that has the effect of establishing, restoring, or sup­ple­ment­ing a rainy-day fund;

(3)

reduce or retire debt obligations incurred by the State; or

(4)

supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State.

105.

Local educational agency subgrants

(a)

Uses of Funds

A local educational agency that receives a subgrant under this title shall use the subgrant funds only to pay compensation, benefits, and other expenses necessary to retain existing employees, recall or rehire former employees, or hire new employees to provide early childhood, elementary, or secondary educational and related services.

(b)

Timing

A local educational agency that receives a subgrant under this title shall obligate such funds not later than September 30, 2014.

106.

Early learning programs

(a)

Uses of funds

A State-funded early learning program that receives funds under this title shall use those funds only for compensation, benefits, and other expenses necessary to retain early childhood educators, recall or rehire former early childhood educators, or hire new early childhood educators to provide early learning services.

(b)

Timing

A State-funded early learning program that receives funds under this title shall obligate those funds not later than September 30, 2014.

107.

Reporting

Not later than September 30 of 2013 and 2014, a State that receives a grant under this title shall submit a report to the Secretary that contains—

(1)

a description of how the State expended or obligated funds received under this title; and

(2)

an estimate of the number of jobs that the State supported using funds received under this title.

108.

Definitions

Except as otherwise provided, in this title:

(1)

The terms local educational agency, outlying area, and State educational agency have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2)

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(3)

The term State-funded early learning program means a program that provides educational services to children from birth to kindergarten entry and receives funding from the State other than funds received under this title.

109.

Authorization of appropriations

For each of fiscal years 2012 and 2013, there is authorized to be appropriated $30,000,000,000 to carry out the grant program under this title.

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FIRST RESPONDER STABILIZATION

201.

Purpose

The purpose of this title is to provide funds to States and localities to prevent layoffs of, and support the creation of additional jobs for, law enforcement officers and firefighters.

202.

Firefighter grant program

(a)

Grants authorized

Subject to the availability of appropriations to carry out this title, the Secretary of Homeland Security shall make competitive grants to hire, rehire, and retain firefighters pursuant to section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) and to maintain resources for fire departments. In making such grants, the Secretary may waive the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)(A) of section 34 of such Act.

(b)

Authorization of appropriations

In addition to funds otherwise appropriated for grants under section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a), there is authorized to be appropriated $1,000,000,000 to carry out this section for each of fiscal years 2012 and 2013, of which the Secretary of Homeland Security shall reserve an amount not to exceed $2,000,000 for each such fiscal year to carry out the administrative costs of this section.

203.

Law enforcement officer grant program

(a)

Police Officers

Subject to the availability of appropriations to carry out this title, the Attorney General shall make competitive grants to hire, rehire, and retain career law enforcement officers pursuant to section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd). Grants awarded under this section shall not be subject to subsections (g) or (i) of section 1701 or to section 1704 of such Act (42 U.S.C. 3796dd; 42 U.S.C. 3796dd–3).

(b)

Authorization of Appropriations

In addition to funds otherwise appropriated for grants under section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd), there is authorized to be appropriated $4,000,000,000 to carry out this section for each of fiscal years 2012 and 2013, of which the Attorney General shall reserve an amount not greater than $8,000,000 for each such fiscal year to carry out the administrative costs of this section.