[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2914 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2914

To create an emergency jobs program that will fund 2,242,000 positions 
                   during fiscal years 2012 and 2013.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2011

Ms. Schakowsky (for herself, Ms. Bass of California, Mrs. Christensen, 
 Mr. Cicilline, Mr. Cohen, Mr. Conyers, Mr. Cummings, Ms. DeLauro, Ms. 
   Edwards, Mr. Ellison, Ms. Fudge, Mr. Grijalva, Mr. Gutierrez, Mr. 
 Hastings of Florida, Mr. Hinchey, Mr. Holt, Mr. Honda, Mr. Jackson of 
 Illinois, Ms. Jackson Lee of Texas, Mr. Johnson of Georgia, Ms. Eddie 
   Bernice Johnson of Texas, Mr. Kildee, Mr. Kucinich, Mr. Larson of 
  Connecticut, Ms. Lee of California, Mr. McDermott, Mr. Nadler, Ms. 
 Norton, Mr. Olver, Mr. Rangel, Ms. Richardson, Mr. Scott of Virginia, 
Mr. Serrano, Mr. Stark, Ms. Woolsey, Mr. Filner, Ms. Brown of Florida, 
    Ms. Roybal-Allard, Ms. Clarke of New York, Ms. Waters, and Mr. 
  Courtney) introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
 Committees on Natural Resources, Agriculture, the Judiciary, Science, 
  Space, and Technology, and Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To create an emergency jobs program that will fund 2,242,000 positions 
                   during fiscal years 2012 and 2013.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Jobs to Restore the 
American Dream Act''.

SEC. 2. 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.

                   TITLE I--SCHOOL IMPROVEMENT CORPS

SEC. 101. 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.

SEC. 102. DEFINITIONS.

    In this title:
            (1) The term ``Bureau-funded school'' has the meaning given 
        such term in section 1141 of the Education Amendments of 1978 
        (25 U.S.C. 2021).
            (2) The term ``charter school'' has the meaning given such 
        term in section 5210 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7221i).
            (3) The term ``CHPS Criteria'' means the green building 
        rating program developed by the Collaborative for High 
        Performance Schools.
            (4) The term ``Energy Star'' means the Energy Star program 
        of the United States Department of Energy and the United States 
        Environmental Protection Agency.
            (5) The term ``Green Globes'' means the Green Building 
        Initiative environmental design and rating system referred to 
        as Green Globes.
            (6) The term ``LEED Green Building Rating System'' means 
        the United States Green Building Council Leadership in Energy 
        and Environmental Design green building rating standard 
        referred to as LEED Green Building Rating System.
            (7) The term ``local educational agency''--
                    (A) has the meaning given such term in section 9101 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 7801);
                    (B) includes any public charter school that 
                constitutes a local educational agency under State law; 
                and
                    (C) includes the Recovery School District of 
                Louisiana.
            (8) The term ``outlying area''--
                    (A) means the United States Virgin Islands, Guam, 
                American Samoa, and the Commonwealth of the Northern 
                Mariana Islands; and
                    (B) includes the Republic of Palau.
            (9) The term ``public school facilities'' means existing 
        public elementary or secondary school facilities, including 
        public charter school facilities and other existing facilities 
        planned for adaptive reuse as public charter school facilities.
            (10) The term ``Secretary'' means the Secretary of 
        Education.
            (11) The term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

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

SEC. 111. 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.

SEC. 112. ALLOCATION OF FUNDS.

    (a) Reservation.--
            (1) 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)--
                    (A) to provide assistance to the outlying areas; 
                and
                    (B) for payments to the Secretary of the Interior 
                to provide assistance to Bureau-funded schools.
            (2) 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.
            (3) 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--
                    (A) 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;
                    (B) local educational agencies serving geographic 
                areas recovering from a natural disaster; and
                    (C) 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).
    (b) Allocation to States.--
            (1) 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.
            (2) 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--
                    (A) providing technical assistance to local 
                educational agencies;
                    (B) 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
                    (C) creating voluntary guidelines for high-
                performing school buildings, including guidelines 
                concerning the following:
                            (i) Site location, storm water management, 
                        outdoor surfaces, outdoor lighting, and 
                        transportation, including public transit and 
                        pedestrian and bicycle accessability.
                            (ii) Outdoor water systems, landscaping to 
                        minimize water use, including elimination of 
                        irrigation systems for landscaping, and indoor 
                        water use reduction.
                            (iii) Energy efficiency (including minimum 
                        and superior standards, such as for heating, 
                        ventilation, and air conditioning systems), use 
                        of alternative energy sources, commissioning, 
                        and training.
                            (iv) Use of durable, sustainable materials, 
                        including life-cycle cost effectiveness, and 
                        waste reduction.
                            (v) Indoor environmental quality, such as 
                        day lighting in classrooms, lighting quality, 
                        indoor air quality (including with reference to 
                        reducing the incidence and effects of asthma 
                        and other respiratory illnesses), acoustics, 
                        and thermal comfort.
                            (vi) Operations and management, such as use 
                        of energy-efficient equipment, indoor 
                        environmental management plan, maintenance 
                        plan, and pest management.
            (3) Grants to local educational 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.
            (4) Special rule.--Section 1122(c)(3) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6332(c)(3)) shall 
        not apply to paragraph (1) or (3).
    (c) Special Rules.--
            (1) 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.
            (2) 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.

SEC. 113. ALLOWABLE USES OF FUNDS.

    (a) 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--
            (1) repair, replacement, or installation of roofs, 
        including extensive, intensive or semi-intensive green roofs, 
        electrical wiring, water supply and plumbing systems, sewage 
        systems, storm water runoff systems, lighting systems, building 
        envelope, windows, ceilings, flooring, or doors, including 
        security doors;
            (2) repair, replacement, or installation of heating, 
        ventilation, or air conditioning systems, including insulation, 
        and conducting indoor air quality assessments;
            (3) 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;
            (4) retrofitting necessary to increase the energy 
        efficiency and water efficiency of public school facilities;
            (5) modifications necessary to make facilities accessible 
        in compliance with the Americans with Disabilities Act of 1990 
        (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation 
        Act of 1973 (29 U.S.C. 794);
            (6) abatement, removal, or interim controls of asbestos, 
        polychlorinated biphenyls, mold, mildew, lead-based hazards, 
        including lead-based paint hazards, or a proven carcinogen;
            (7) measures designed to reduce or eliminate human exposure 
        to classroom noise and environmental noise pollution;
            (8) modernization, renovation, or repair necessary to 
        reduce the consumption of coal, electricity, land, natural gas, 
        oil, or water;
            (9) installation or upgrading of educational technology 
        infrastructure;
            (10) 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;
            (11) 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;
            (12) measures designed to reduce or eliminate human 
        exposure to airborne particles such as dust, sand, and pollens;
            (13) creating greenhouses, gardens (including trees), and 
        other facilities for environmental, scientific, or other 
        educational purposes, or to produce energy savings;
            (14) 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));
            (15) other modernization, renovation, or repair of public 
        school facilities to--
                    (A) improve teachers' ability to teach and 
                students' ability to learn;
                    (B) ensure the health and safety of students and 
                staff;
                    (C) make them more energy efficient; or
                    (D) reduce class size; and
            (16) required environmental remediation related to 
        modernization, renovation, or repair described in paragraphs 
        (1) through (15).
    (b) 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.

SEC. 114. 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.

                Subtitle B--Grants for Maintenance Costs

SEC. 115. ALLOCATION TO STATES.

    (a) 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.
    (b) 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.

SEC. 116. ALLOWABLE USES OF FUNDS.

    (a) 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.
    (b) 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.

                     Subtitle C--General Provisions

SEC. 121. 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.

SEC. 122. 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.

SEC. 123. MAINTENANCE OF EFFORT.

    (a) 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.
    (b) Waiver.--The Secretary shall waive the requirements of this 
section 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 
        local educational agency.

SEC. 124. SPECIAL RULES ON CONTRACTING.

    (a) Local Educational Agency Requirements.--
            (1) 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.
            (2) Review of applications.--In reviewing awarding 
        contracts under paragraph (1), a local educational agency shall 
        give preference to businesses that demonstrate--
                    (A) 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
                    (B) 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.
    (b) 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.

SEC. 125. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.

    (a) 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.
    (b) Exceptions.--Subsection (a) shall not apply in any case or 
category of cases in which the Secretary finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) 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
            (3) 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.
    (c) 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.
    (d) Construction.--This section shall be applied in a manner 
consistent with United States obligations under international 
agreements.

SEC. 126. LABOR STANDARDS; COMPLIANCE WITH EXISTING STATUTES.

    (a) 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).
    (b) 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.

SEC. 127. 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).

SEC. 128. GREEN SCHOOLS.

    (a) 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--
            (1) the LEED Green Building Rating System;
            (2) Energy Star;
            (3) the CHPS Criteria;
            (4) Green Globes; or
            (5) 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.
    (b) 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.
    (c) 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.

SEC. 129. REPORTING.

    (a) 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--
            (1) 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));
            (2) 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;
            (3) 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));
            (4) 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;
            (5) 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;
            (6) for each project--
                    (A) the cost;
                    (B) 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
                    (C) 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);
            (7) 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
            (8) the total number of jobs created by funding under this 
        title by--
                    (A) the local educational agency; and
                    (B) contractors who performed work for the local 
                educational agency under this title.
    (b) Availability of Reports.--A local educational agency shall--
            (1) 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
            (2) make the report described in subsection (a) publicly 
        available, including on the agency's Web site.
    (c) Reports by Secretary.--Not later than March 31 of each fiscal 
year, the Secretary shall submit to the Committee on Education and the 
Workforce of the House of Representatives and the Committee on Health, 
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).

SEC. 130. SPECIAL RULES.

    Notwithstanding any other provision of this subtitle, none of the 
funds authorized by this title may be--
            (1) used to employ workers in violation of section 274A of 
        the Immigration and Nationality Act (8 U.S.C. 1324a); or
            (2) distributed to a local educational agency that does not 
        have a policy that requires a criminal background check on all 
        employees of the agency.

SEC. 131. 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--
            (1) participants in a YouthBuild program (as defined in 
        section 173A of the Workforce Investment Act of 1998 (29 U.S.C. 
        2918a));
            (2) individuals enrolled in the Job Corps program carried 
        out under subtitle C of title I of the Workforce Investment Act 
        of 1998 (29 U.S.C. 2881 et seq.);
            (3) individuals enrolled in a junior or 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
            (4) 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.).

SEC. 132. AVAILABILITY OF FUNDS.

    (a) Authorization and Appropriation.--There are authorized to be 
appropriated, and there are appropriated, for each of fiscal years 2012 
and 2013--
            (1) 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
            (2) 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.
    (b) 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.
    (c) Sunset.--The authority to award grants under this title shall 
expire at the end of fiscal year 2013.

SEC. 133. 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.

                      TITLE II--STUDENT JOBS CORPS

SEC. 201. STUDENT JOBS CORPS.

    (a) Purpose.--It is the purpose of this section to provide for an 
additional 250,000 part-time work-study jobs through the Federal Work-
Study Program under part C of title IV of the Higher Education Act of 
1965 (20 U.S.C. 2751 et seq.).
    (b) Appropriation of Additional Amounts.--There are authorized to 
be appropriated, and there are hereby appropriated, out of amounts in 
the Treasury not otherwise appropriated, to the Secretary of Education 
$425,000,000 for each of the fiscal years 2012 and 2013 for grants to 
institutions of higher education under part C of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 2751 et seq.) for payments to students 
participating in work-study programs in accordance with such part.
    (c) 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.
    (d) 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.

                   TITLE III--PARK IMPROVEMENT CORPS

SEC. 301. APPROPRIATION OF ADDITIONAL FUNDS FOR PUBLIC LANDS CORPS.

    (a) Purpose.--It is the purpose of this section to provide for the 
creation of an additional 100,000 positions in the Public Lands Corps 
established under section 204 of the Public Lands Corps Act of 1993 (16 
U.S.C. 1723).
    (b) Appropriation of Additional Appropriations.--
            (1) 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--
                    (A) 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);
                    (B) to support qualified youth or conservation 
                corps to perform conservation projects referred to in 
                subsection (d) of such section; and
                    (C) to support resource assistants selected under 
                section 206 of such Act (16 U.S.C. 1725).
            (2) 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--
                    (A) 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);
                    (B) to support qualified youth or conservation 
                corps to perform conservation projects referred to in 
                subsection (d) of such section; and
                    (C) to support resource assistants selected under 
                section 206 of such Act (16 U.S.C. 1725).
    (c) 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.
    (d) 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.
    (e) Waiver of Cost-Sharing Requirements.--The cost-sharing 
requirements of sections 206(b) and 210 of the Public Lands Corps Act 
of 1993 (16 U.S.C. 1725, 1730) shall not apply with respect to the 
expenditure of amounts appropriated by subsection (b).

                  TITLE IV--NEIGHBORHOOD HEROES CORPS

SEC. 401. TEACHER CORPS.

    (a) Purpose.--It is the purpose of this section to provide for the 
retention, rehiring, and hiring of 300,000 education jobs.
    (b) Authorization and Appropriation.--There are authorized to be 
appropriated and there are 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:
            (1) Allocation of funds.--
                    (A) 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.
                    (B) Prior to allocating funds to States under 
                section 14001(d) of division A of Public Law 111-5, the 
                Secretary shall allocate 0.5 percent to the Secretary 
                of the Interior for schools operated or funded by the 
                Bureau of 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.
            (2) 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.
            (3) Awards to local educational agencies.--
                    (A) Except as specified in paragraph (2), an 
                allocation of funds to a State shall be used only for 
                awards to local educational agencies for the support of 
                elementary and secondary education in accordance with 
                paragraph (5) for the 2011-2012 and 2012-2013 school 
                years.
                    (B) Funds used to support elementary and secondary 
                education shall be distributed through a State's 
                primary elementary and 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.
                    (C) Subsections (a) and (b) of section 14002 of 
                division A of Public Law 111-5 shall not apply to funds 
                appropriated under this section.
            (4) 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.
            (5) Requirement to use funds to retain or create education 
        jobs.--Notwithstanding section 14003(a) of division A of Public 
        Law 111-5, funds awarded to local educational agencies under 
        paragraph (3)--
                    (A) may be used only for compensation and benefits 
                and other expenses, such as 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
                    (B) may not use more than 1 percent of such grant 
                funds for administrative costs.
            (6) Prohibition on use of funds for rainy-day funds or debt 
        retirement.--A State that receives an allocation may not use 
        such funds, directly or indirectly, to--
                    (A) establish, restore, or supplement a rainy-day 
                fund;
                    (B) supplant State funds in a manner that has the 
                effect of establishing, restoring, or supplementing a 
                rainy-day fund;
                    (C) reduce or retire debt obligations incurred by 
                the State; or
                    (D) supplant State funds in a manner that has the 
                effect of reducing or retiring debt obligations 
                incurred by the State.
            (7) Supplement, not supplant.--Funds made available under 
        this section shall be used to supplement, not supplant, the 
        amount of funds that would, in the absence of the Federal funds 
        made available under this section, be made available from 
        local, State, and Federal sources to provide 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.
            (8) 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.
            (9) 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.
            (10) 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.
            (11) Maintenance of effort.--
                    (A) 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.
                    (B) Waiver.--The Secretary shall waive the 
                requirements of this section if the Secretary 
                determines that a waiver would be equitable due to--
                            (i) exceptional or uncontrollable 
                        circumstances, such as a natural disaster; or
                            (ii) a precipitous decline in the financial 
                        resources of the local educational agency.
                    (C) 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.

SEC. 402. APPROPRIATION OF ADDITIONAL FUNDS FOR COMMUNITY ORIENTED 
              POLICING SERVICES.

    (a) Purpose.--It is the purpose of this section to provide for the 
hiring and rehiring of an additional 40,000 State, local, and tribal 
career law enforcement officers through the Community Oriented Policing 
Services 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.).
    (b) 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.
    (c) 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.
    (d) Expedited Obligation of Funds.--Not later than 90 days after 
the date of the enactment of this Act, the Attorney General shall 
commence obligation of the funds appropriated by subsection (b) for 
fiscal year 2012 by utilizing the pool of applicants who submitted 
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).
    (e) 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.

SEC. 403. FIREFIGHTERS CORPS.

    (a) Purpose.--It is the purpose of this section to provide for the 
hiring and rehiring of an additional 12,000 firefighters through 
section 34 of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229a).
    (b) Amendment Authorizing Funds.--Section 34(i) of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2229a(i)) is amended--
            (1) in paragraph (6) by striking ``and'';
            (2) in paragraph (7) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(8) $1,200,000,000 for fiscal year 2012; and
            ``(9) $1,200,000,000 for fiscal year 2013.''.
    (c) Appropriation.--
            (1) In general.--There is hereby 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).
            (2) 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.
    (d) Expedited Obligation of Funds.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall commence 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.

                       TITLE V--HEALTH CARE CORPS

SEC. 501. 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.

SEC. 502. 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:

``Subpart IV--Hiring and Retaining Additional Health Care and Long-Term 
                           Care Professionals

``SEC. 338N. HIRING AND RETAINING ADDITIONAL HEALTH CARE AND LONG-TERM 
              CARE PROFESSIONALS.

    ``(a) 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.
    ``(b) Eligible Assistance Recipients.--Health care and long-term 
care providers eligible for assistance under subsection (a) include the 
following:
            ``(1) A health care or long-term care provider serving a 
        health professional shortage area designated under section 332.
            ``(2) A Federally qualified health center (as defined in 
        section 1861(aa) of the Social Security Act).
            ``(3) A rural health clinic.
            ``(4) A health care or long-term care provider that 
        receives payment under title XVIII of the Social Security Act 
        or under a State plan or State child health plan under title 
        XIX or XXI, respectively, of such Act.
            ``(5) A public hospital.
            ``(6) A public health agency.
            ``(7) A nursing home or long-term care facility.
            ``(8) An intermediate care or developmentally disabled 
        facility.
            ``(9) A critical access hospital.
            ``(10) A school-based health center.
            ``(11) A university or college mental health facility.
            ``(12) An Indian health program or facility operated by an 
        Indian tribe or tribal organization.
            ``(13) A correctional facility.
    ``(c) Eligible Health Professionals.--Health care and long-term 
care professionals who may be hired or retained using assistance 
provided under this section include the following:
            ``(1) Dentists.
            ``(2) Certified nurse midwives.
            ``(3) Psychologists.
            ``(4) Licensed clinical social workers.
            ``(5) Licensed professional counselors.
            ``(6) Marriage and family therapists.
            ``(7) Nurse practitioners, including those specializing in 
        psychiatry.
            ``(8) Nurses, including advanced practice nurses.
            ``(9) Physicians, including osteopathic physicians.
            ``(10) Physician assistants, including those specializing 
        in psychiatry.
            ``(11) Psychiatric nurse specialists.
            ``(12) Registered dental hygienists.
            ``(13) Community health workers.
            ``(14) Occupational and physical therapists.
            ``(15) Optometrists.
            ``(16) Certified nursing assistants.
            ``(17) Direct care workers.
    ``(d) Application Process.--
            ``(1) In general.--The Secretary shall--
                    ``(A) not later than 60 days after the date of the 
                enactment of this section, solicit applications for 
                financial assistance under this section;
                    ``(B) require that any such application be 
                submitted--
                            ``(i) not later than 90 days after the date 
                        of the enactment of this section; and
                            ``(ii) in such manner and containing such 
                        information as the Secretary may require; and
                    ``(C) 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.
            ``(2) 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--
                    ``(A) relevant to hiring and retaining health care 
                or long-term care professionals, such as laws--
                            ``(i) requiring background checks in 
                        connection with hiring;
                            ``(ii) requiring such professionals to be 
                        licensed or certified; or
                            ``(iii) limiting the scope of practice;
                    ``(B) concerning wage and hour, labor relations, 
                family and medical leave, occupational safety and 
                health, or living wage standards; or
                    ``(C) 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.
    ``(e) 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.''.

SEC. 503. 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.

                       TITLE VI--COMMUNITY CORPS

SEC. 601. 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.

SEC. 602. COMMUNITY CORPS.

    (a) 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.
    (b) Allotment Formula.--
            (1) Reservations by the secretary.--Of the amount 
        appropriated under subsection (a) for each fiscal year, the 
        Secretary may reserve--
                    (A) not more than 1 percent to administer this 
                title;
                    (B) not more than 0.5 percent to award grants, on a 
                competitive basis, to Indian tribes for purposes of 
                this title.
            (2) 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:
                    (A) Seventy percent to entitlement communities, of 
                which the Secretary shall allot--
                            (i) 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;
                            (ii) 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
                            (iii) 50 percent by allotting to each 
                        entitlement community in an amount which bears 
                        the same ratio to the total to be allotted 
                        under this clause as the number of unemployed 
                        individuals in the entitlement community bears 
                        to the total number of unemployed individuals 
                        in all entitlement communities.
                    (B) Thirty percent to States, of which the 
                Secretary shall allot--
                            (i) 25 percent by allotting to each State 
                        an amount which bears the same ratio to the 
                        total amount to be allotted under this clause 
                        as the population of the State bears to the 
                        total population of all States;
                            (ii) 25 percent by allotting to each State 
                        an amount which bears the same ratio to the 
                        total amount to be allotted under this clause 
                        as the extent of poverty in the State bears to 
                        the extent of poverty in all States; and
                            (iii) 50 percent by allotting to each State 
                        an amount which bears the same ratio to the 
                        total amount to be allotted under this clause 
                        as the number of unemployed individuals in the 
                        State bears to the total number of unemployed 
                        individuals in all States.
            (3) Reservation and allotments by states.--
                    (A) Reservation.--Of the amount of funds allotted 
                to a State under paragraph (2)(B) for each fiscal year, 
                a State may reserve not more than 50 percent to carry 
                out a State-wide Community Corps.
                    (B) Allotments by states.--A State shall provide 
                all of the funds allotted to the State under paragraph 
                (2)(B) that are not 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--
                            (i) 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;
                            (ii) 25 percent to each such unit in an 
                        amount which bears the same ratio to the total 
                        amount made available under this clause as the 
                        extent of poverty in the unit bears to the 
                        extent of poverty in such units; and
                            (iii) 50 percent to each such unit in an 
                        amount which bears the same ratio to the total 
                        amount made available under this clause as the 
                        number of unemployed individuals in the unit 
                        bears to the total number of unemployed 
                        individuals in all such units.
            (4) Reallocation.--If a State or entitlement community does 
        not apply for an allotment under this section for any fiscal 
        year, or if a State's or entitlement community's application is 
        not approved, the Secretary shall reallot such amount to the 
        remaining States or entitlement in accordance with paragraph 
        (2).

SEC. 603. APPLICATION.

    (a) 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.
    (b) Fiscal Year 2012 Requirements.--For fiscal year 2012--
            (1) application requirements shall be released by Secretary 
        within 30 days of enactment of this Act;
            (2) States and entitlement communities desiring to receive 
        funds under this title for such fiscal year shall submit to the 
        Secretary an application within 60 days of the date of 
        enactment of this Act; and
            (3) the first allotments under this title shall be awarded 
        by the Secretary not later than 90 days after the date of 
        enactment of this Act.

SEC. 604. ACTIVITIES OF THE COMMUNITY CORPS.

    (a) Consultation.--A chief executive officer of a unit of general 
local government shall consult with the local community and labor 
organizations representing employees of such unit in determining the 
Community Corps positions that should be funded under this title for 
such unit for each fiscal year.
    (b) Activities.--Each Community Corps funded under this title shall 
employee individuals to carry out 1 or more of the following 
activities.
            (1) 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.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) 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).
            (6) Housing rehabilitation.--
                    (A) 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--
                            (i) pays the cost of materials used in the 
                        renovation work; and
                            (ii) charges rent for the unit, during the 
                        5-year period beginning upon 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.
                    (B) Free of charge.--The Community Corps shall 
                provide all labor required for any rehabilitation 
                pursuant to this paragraph free of charge, except in 
                the case of any major repairs that the Corps lacks the 
                capacity to perform.
            (7) 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.
            (8) Other community improvement activities.--Other 
        community improvement activities as authorized by the 
        Secretary.

SEC. 605. HIRING AND PREFERENCES.

    (a) 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.
    (b) 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--
            (1) unemployed individuals who have exhausted their 
        entitlement to unemployment compensation;
            (2) unemployed veterans of the Armed Forces and unemployed 
        members of the reserve components of the Armed Forces;
            (3) unemployed individuals, who immediately before 
        employment in the Community Corps, are eligible for 
        unemployment compensation payable under any State law or 
        Federal unemployment compensation law, including any additional 
        compensation or extended compensation under such laws;
            (4) unemployed individuals who are not eligible to receive 
        unemployment compensation because they do not have sufficient 
        wages to meet the minimum qualifications for such compensation; 
        or
            (5) unemployed young people, including those who have not 
        previously been employed.
    (c) State Employment Agencies.--In hiring for Community Corps 
positions under this 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.
    (d) Notice.--Each listing for a position for a Community Corps 
shall be posted on a State or local employment web site.

SEC. 606. ADDITIONAL REQUIREMENTS FOR STATES AND UNITS OF GENERAL LOCAL 
              GOVERNMENT.

    (a) Administrative Expenses.--Each State or unit of general local 
government receiving an allotment under section 602 may not use more 
than 5 percent of the allotment for administrative purposes.
    (b) 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.
    (c) Coordination.--To the maximum extent practicable, each State or 
unit of general local government receiving an allotment under section 
602, shall--
            (1) integrate education and job skills training, including 
        basic skills instruction and secondary education services;
            (2) coordinate to the maximum extent feasible with pre-
        apprenticeship and apprenticeship programs; and
            (3) provide jobs in sectors where job growth is most 
        likely, as determined by the Secretary, and in which career 
        advancement opportunities exist to maximize long-term, 
        sustainable employment for individuals after employment funded 
        under this Act ends.
    (d) 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.

SEC. 607. EMPLOYMENT STATUS AND COMPENSATION.

    (a) Employee Status.--
            (1) In general.--An individual hired for a position funded 
        under this title shall--
                    (A) be considered an employee of the State or unit 
                of general local government by which such individual 
                was hired;
                    (B) receive the same employee 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
                    (C) fill a position that offers full-time, full-
                year employment.
            (2) Definitions.--For purposes of this subsection--
                    (A) 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
                    (B) 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.
    (b) Limit on Number of Executive, Administrative, or Professional 
Positions.--
            (1) Units.--Of the total number of positions funded under 
        this title for a fiscal year for each State or unit of general 
        local government--
                    (A) not more than 20 percent shall be in a bona 
                fide executive, administrative, or professional 
                capacity; and
                    (B) at least 80 percent shall not be in a bona fide 
                executive, administrative, or professional capacity.
            (2) 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)).
    (c) 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.
    (d) 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.

SEC. 608. NONDISPLACEMENT OF EXISTING EMPLOYEES.

    (a) In General.--A State or unit of general local government may 
not employ an individual for a position funded under this title, if--
            (1) employing such individual will result in the layoff or 
        partial displacement (such as a reduction in hours, wages, or 
        employee benefits) of an existing employee of the unit; or
            (2) such individual will perform the same or substantially 
        similar work that had previously been performed by an employee 
        of the unit who--
                    (A) has been laid off or partially displaced (as 
                such term is described in paragraph (1)); and
                    (B) has not been offered by the unit, to be 
                restored to the position the employee had immediately 
                prior to being laid off or partially displaced.
    (b) Elimination of Position.--For the purposes of this subsection, 
a position shall be considered to have been eliminated by a State or 
unit of general local 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.
    (c) 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.

SEC. 609. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOTLINE, AND ENFORCEMENT 
              BY THE SECRETARY.

    (a) Establishment of Arbitration Procedure.--
            (1) 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).
            (2) Written grievances.--
                    (A) 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.
                    (B) 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.
            (3) Arbitration.--
                    (A) Submission.--If the grievance is not resolved 
                within the time period described in paragraph (2)(B), a 
                party, by written notice to the other party involved, 
                may submit such grievance to binding arbitration before 
                a qualified arbitrator who is jointly selected and 
                independent of the parties.
                    (B) 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.
                    (C) 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.
                    (D) Costs.--
                            (i) In general.--Except as provided in 
                        clause (ii), the cost of an arbitration 
                        proceeding shall be divided evenly between the 
                        parties to the arbitration.
                            (ii) Exception.--If a grievant 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.
    (b) Disputes Concerning the Allotment of Funds.--In the case where 
a dispute arises as to whether a unit of general local government that 
is an entitlement community or State has improperly requested funds for 
services, an employee or employee representative of the unit or State 
may file a grievance under subsection (a) not later than 15 days after 
public notice of an intent to submit an application under section 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.
    (c) All Other Disputes.--
            (1) In general.--In the case of a dispute not covered under 
        subsection (b) concerning compliance with the requirements of 
        this 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.
            (2) Existing grievance procedures.--A party to a dispute 
        described in paragraph (1) may use the existing grievance 
        procedure of a unit or State involved in such dispute, or the 
        arbitration procedure described in this subsection, to resolve 
        such dispute.
    (d) Party Defined.--For purposes of subsections (a), (b), and (c), 
the term ``party'' means an employee, employee representative, unit of 
general local government, or State, involved in a dispute described in 
subsection (b) or (c).
    (e) Whistleblower Hotline; Enforcement by the Secretary.--
            (1) Whistleblower hotline.--The 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.
            (2) Enforcement by the secretary.--
                    (A) 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--
                            (i) withholding further funds under this 
                        title to a noncompliant entity;
                            (ii) requiring the entity to make an 
                        injured party whole; or
                            (iii) requiring the entity to repay to the 
                        Secretary any funds received under this title 
                        during any period of noncompliance.
                    (B) Definition.--For purposes of this paragraph, 
                the term ``entity'' means State, unit of general local 
                government, or individual.
                    (C) 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.

SEC. 610. DEFINITIONS.

    In this title:
            (1) In general.--The terms ``city''; ``extent of poverty''; 
        ``metropolitan city''; ``urban county''; ``nonentitlement 
        area''; ``population''; and ``State'' have the meanings given 
        the terms in section 102 of the Housing and Community 
        Development Act of 1974 (42 U.S.C. 5302).
            (2) Benefits.--The term ``benefits'' has the meaning given 
        the term ``employment benefits'' in section 101 of the Family 
        and Medical Leave Act of 1993 (29 U.S.C. 2611).
            (3) Employee compensation.--The term ``employee 
        compensation'' includes wages and benefits.
            (4) Entitlement communities.--The term ``entitlement 
        communities'' includes metropolitan cities and urban counties.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (7) 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).
            (8) Unit of general local government.--The term ``unit of 
        general local government'' means any city, county, town, 
        township, parish, village, or other general purpose political 
        subdivision of a State; Guam, the Northern Mariana Islands, the 
        Virgin Islands, and American Samoa, or a general purpose 
        political subdivision thereof; a combination of such political 
        subdivisions that is recognized by the Secretary; and the 
        District of Columbia.
            (9) Veteran.--The term ``veteran'' has the meaning given 
        such term in section 101 of the Workforce Investment Act (29 
        U.S.C. 2801).
            (10) Wage.--The term ``wage'' has the meaning given such 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).

                   TITLE VII--CHILD DEVELOPMENT CORPS

SEC. 701. PURPOSE.

    It is the purpose of this title to provide for the creation of an 
additional 100,000 jobs through the Head Start Act.

SEC. 702. CHILD DEVELOPMENT CORPS.

    (a) Amendments to the Head Start Act.--The Head Start Act (42 
U.S.C. 9831 et seq.) is amended--
            (1) by inserting after section 639 the following:

``SEC. 639A. 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
            (2) by inserting after section 640 the following:

``SEC. 640A. EMPLOYMENT OF ADDITIONAL INFANT AND TODDLER SPECIALISTS.

    ``(a) 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.
    ``(b) 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.''.
    (b) 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.

                     TITLE VIII--GENERAL PROVISIONS

SEC. 801. GENERAL REQUIREMENTS FOR ENTITIES RECEIVING FUNDING UNDER 
              THIS ACT.

    (a) 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.
    (b) Compliance With Federal Civil Rights Laws.--Federal civil 
rights laws described in subsection (a) shall include the following:
            (1) Title VI of the Civil Rights Act of 1964.
            (2) Title IX of the Education Amendments of 1972.
            (3) Sections 503 and 504 of the Rehabilitation Act of 1973.
            (4) The Age Discrimination Act of 1975.

SEC. 802. REPORTING.

    (a) 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.
    (b) Reports to Congress.--Each Secretary that receives a report 
under subsection (a) shall provide such reports to Congress not later 
than July 1, 2014.

SEC. 803. HIRING AND PREFERENCES.

    (a) 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.
    (b) 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--
            (1) unemployed individuals who have exhausted their 
        entitlement to unemployment compensation;
            (2) unemployed veterans of the Armed Forces and unemployed 
        members of the reserve components of the Armed Forces;
            (3) unemployed individuals, who immediately before 
        employment in the programs described in 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;
            (4) unemployed individuals who are not eligible to receive 
        unemployment compensation because they do not have sufficient 
        wages to meet the minimum qualifications for such compensation; 
        or
            (5) in the case of employment under subtitle B of title I, 
        unemployed young people, including those who have not 
        previously been employed.
    (c) 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.

SEC. 804. 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.

SEC. 805. NONDISPLACEMENT.

    (a) Nondisplacement of Existing Employees.--
            (1) 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--
                    (A) 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
                    (B) such individual will perform the same or 
                substantially similar work that had previously been 
                performed by an employee of the unit or organization 
                who--
                            (i) has been laid off or partially 
                        displaced (as such term is described in 
                        subparagraph (A)); and
                            (ii) 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.
            (2) 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.
            (3) 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.
    (b) 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.
    (c) 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.

SEC. 806. EMPLOYMENT STATUS AND COMPENSATION IN NEW PROGRAMS.

    (a) Employee Status.--An individual hired for a position funded 
under title I, title V, or title VI, or section 401 of title IV shall--
            (1) be considered an employee of the unit of general local 
        government, business, or community-based organization, by which 
        such individual was hired; and
            (2) receive the same employee compensation, have the same 
        rights and responsibilities and job classifications, and be 
        subject to the same job standards, employer policies, and 
        collective bargaining agreements as if such individual was 
        hired without assistance under this Act.
    (b) 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.
    (c) 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).

SEC. 807. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOTLINE, AND ENFORCEMENT 
              BY THE SECRETARY.

    (a) Establishment of Arbitration Procedure.--
            (1) 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).
            (2) Written grievances.--
                    (A) 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.
                    (B) 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.
            (3) Arbitration.--
                    (A) Submission.--If the grievance is not resolved 
                within the time period described in paragraph (2)(B), a 
                party, by written notice to the other party involved, 
                may submit such grievance to binding arbitration before 
                a qualified arbitrator who is jointly selected and 
                independent of the parties.
                    (B) 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.
                    (C) 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.
                    (D) Costs.--
                            (i) In general.--Except as provided in 
                        clause (ii), the cost of an arbitration 
                        proceeding shall be divided evenly between the 
                        parties to the arbitration.
                            (ii) Exception.--If a grievant prevails 
                        under an arbitration proceeding, the entity 
                        involved in the dispute shall pay the cost of 
                        such proceeding, including attorneys' fees.
    (b) Disputes Concerning the Allotment of Funds.--In the case where 
a dispute arises as to whether an entity has improperly requested funds 
for services, an employee or employee representative of entity may file 
a 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.
    (c) All Other Disputes.--
            (1) In general.--In the case of a dispute not covered under 
        subsection (b) concerning compliance with the requirements of 
        this 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.
            (2) 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.
    (d) Party Defined.--For purposes of subsections (a), (b), and (c), 
the term ``party'' means an employee, employee representative, or 
entity involved in a dispute described in subsection (b) or (c).
    (e) Whistleblower Hotline; Enforcement by the Secretary.--
            (1) 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.
            (2) Enforcement by the secretary.--
                    (A) 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--
                            (i) withholding further funds under this 
                        title to a noncompliant entity;
                            (ii) requiring the entity to make an 
                        injured party whole; or
                            (iii) requiring the entity to repay to the 
                        Secretary of Labor any funds received under 
                        this title during any period of noncompliance.
                    (B) 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.

SEC. 808. 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--
            (1) an individual hired under this Act shall not be fired 
        prematurely;
            (2) projects funded under this Act shall be continued until 
        completion; and
            (3) an individual hired under this Act may be replaced when 
        such individual leaves the position for which the individual 
        was hired.
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