jurisdiction: US

text:
 113 HR 1617 IH: Emergency Jobs to Restore the American Dream Act
 U.S. House of Representatives
 2013-04-18
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I
 113th CONGRESS
 1st Session
 H. R. 1617
 IN THE HOUSE OF REPRESENTATIVES
 April 18, 2013
 Ms. Schakowsky (for
 herself, Mr. Conyers,
 Mr. Cummings,
 Mr. Danny K. Davis of Illinois,
 Ms. Edwards,
 Mr. Holt, Mr. Honda, Mr.
 Johnson of Georgia, Ms. Lee of
 California, Ms. Moore,
 Mr. Rangel,
 Mr. Ellison,
 Ms. Roybal-Allard,
 Ms. Brown of Florida, and
 Mr. Grijalva) 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 2014 and 2015.
 1.Short titleThis Act may be cited as the
 Emergency Jobs to Restore the American
 Dream Act.
 2.Table of
 contentsThe 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.
 ISchool Improvement
 Corps
 101.PurposeIt 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.
 102.DefinitionsIn 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.
 AGrants for
 modernization, renovation, or repair of public school facilities
 111.PurposeGrants 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.
 112.Allocation of
 funds
 (a)Reservation
 (1)In
 generalFrom 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
 fundsIn 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 disastersFrom
 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
 allocationOf 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
 administrationA 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 agenciesFrom 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
 ruleSection 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
 SecretaryThe 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
 StatesA State shall make and
 distribute the allocations described in
 subsection (b)(3) within 60 days of
 receiving such funds from the Secretary.
 113.Allowable uses
 of funds
 (a)In
 generalA 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
 costsA local educational agency receiving a grant under this
 title may not use more than 1 percent of such grant funds for administrative
 costs.
 114.Priority
 projectsIn 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.
 BGrants for
 maintenance Costs
 115.Allocation to
 States
 (a)State-by-State
 allocationOf 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 agenciesFrom 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.
 116.Allowable uses
 of funds
 (a)Required use of
 fundsA 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
 costsA local educational
 agency receiving a grant under this subtitle may not use more than 1 percent of
 such grant funds for administrative costs.
 CGeneral
 provisions
 121.Supplement, not
 supplantA 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.
 122.Prohibition
 regarding State aidA 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.
 123.Maintenance of
 effort
 (a)In
 generalA 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)WaiverThe
 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.
 124.Special rules
 on contracting
 (a)Local
 educational agency requirements
 (1)In
 generalEach 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
 applicationsIn 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
 businessesAny 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.
 125.Use of American
 iron, steel, and manufactured goods
 (a)In
 generalNone 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)ExceptionsSubsection
 (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
 justificationIf 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)ConstructionThis
 section shall be applied in a manner consistent with United States obligations
 under international agreements.
 126.Labor
 standards; compliance with existing statutes
 (a)In
 generalThe 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 statutesEach 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.
 127.Charter
 schoolsA 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).
 128.Green
 schools
 (a)In
 generalA 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
 constructionNothing 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
 assistanceThe 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.
 129.Reporting
 (a)Reports by local
 educational agenciesLocal 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
 reportsA 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
 SecretaryNot 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).
 130.Special
 rulesNotwithstanding 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.
 131.Promotion of
 employment experiencesThe
 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.).
 132.Availability of
 funds
 (a)Authorization
 and appropriationThere are
 authorized to be appropriated, and there are appropriated, for each of fiscal
 years 2014 and 2015—
 (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
 earmarksNone 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)SunsetThe
 authority to award grants under this title shall expire at the end of fiscal
 year 2015.
 133.Alternate
 distribution of fundsIf,
 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.
 IIStudent Jobs
 Corps
 201.Student Jobs
 Corps
 (a)PurposeIt 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 amountsThere 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 2014 and 2015 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 fundsAmounts
 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 requiredNotwithstanding
 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.
 IIIPark Improvement
 Corps
 301.Appropriation
 of additional funds for Public Lands Corps
 (a)PurposeIt 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
 ServiceThere 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 2014 and 2015—
 (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 InteriorThere 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 2013 and 2015—
 (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 CorpsAmounts 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 fundsNot 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 2014 by utilizing the pool
 of remaining applications for fiscal year 2013 assistance under the Public
 Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). If the number of fiscal year
 2013 applications is insufficient to use the entire amount of the additional
 funds appropriated for fiscal year 2014, the Secretaries shall announce an open
 solicitation process for new applications for assistance.
 (e)Waiver of
 cost-Sharing requirementsThe
 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).
 IVNeighborhood
 Heroes Corps
 401.Teacher
 Corps
 (a)PurposeIt
 is the purpose of this section to provide for the retention, rehiring, and
 hiring of 300,000 education jobs.
 (b)Authorization
 and appropriationThere 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 2014 and 2015:
 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)ReservationA
 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 2013–2014 and
 2014–2015 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 assurancesFor 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 jobsNotwithstanding
 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 retirementA 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
 supplantFunds 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
 awardThe 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 fundsIf, 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 applicationSection 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
 generalSubject 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)WaiverThe
 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 applicableSection 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.
 402.Appropriation
 of additional funds for Community Oriented Policing Services
 (a)PurposeIt 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 amountsThere 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 2014 and 2015 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 COPSAmounts
 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 fundsNot 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 2014 by
 utilizing the pool of applicants who submitted applications for fiscal year
 2013 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 2013
 applicants is insufficient to use the entire amount of the additional funds
 appropriated for fiscal year 2014, 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 requirementsNotwithstanding 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.
 403.Firefighters
 Corps
 (a)PurposeIt 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 fundsSection
 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 2014;
 and
 (9)$1,200,000,000 for fiscal year
 2015.
 .
 (c)Appropriation
 (1)In
 generalThere is hereby appropriated out of any money in the
 Treasury not otherwise appropriated $1,200,000,000 for each of the fiscal years
 2013 and 2015 to carry out section 34 of the Federal Fire Prevention and
 Control Act of 1974 (15 U.S.C. 2229a).
 (2)LimitationNone
 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 fundsNot 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 2014 by
 utilizing the pool of applicants who submitted applications for fiscal year
 2013 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 2013 applicants is insufficient to use the entire amount of the additional
 funds appropriated for fiscal year 2014, 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.
 VHealth Care
 Corps
 501.PurposeIt 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.
 502.Health care and
 long-term care providersPart
 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:
 IVHiring and
 retaining additional health care and long-Term care professionals
 338N.Hiring and
 retaining additional health care and long-term care professionals
 (a)In
 generalThe 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 recipientsHealth
 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
 professionalsHealth 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
 generalThe 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 lawsAs 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 amountsTo 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 2013 and
 2015.
 .
 503.Supplement, not
 supplantA 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.
 VICommunity Corps
 601.PurposeIt 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.
 602.Community
 Corps
 (a)FundingThere 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 2013 and 2015.
 (b)Allotment
 Formula
 (1)Reservations by
 the SecretaryOf the amount appropriated under
 subsection (a) for each fiscal year, the
 Secretary may reserve—
 (A)not more than 1
 percent to administer this title; and
 (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 SecretaryOf 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)ReservationOf
 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
 StatesA 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)ReallocationIf
 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).
 603.Application
 (a)In
 generalEach 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 2014
 requirementsFor fiscal year 2014—
 (1)application
 requirements shall be released by the 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.
 604.Activities of
 the Community Corps
 (a)ConsultationA 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)ActivitiesEach Community Corps funded under this
 title shall employee individuals to carry out one or more of the following
 activities:
 (1)Energy audits
 and Conservation UpgradesPerform 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
 demanufacturingCollect 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 BlightAddress 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 WorkIn 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 BeautificationUnder 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
 generalMake 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
 chargeThe 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
 ConstructionConstruct 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 activitiesOther
 community improvement activities as authorized by the Secretary.
 605.Hiring and
 preferences
 (a)In
 generalIn 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 HiringIn 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
 agenciesIn 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)NoticeEach
 listing for a position for a Community Corps shall be posted on a State or
 local employment Web site.
 606.Additional
 requirements for States and units of general local government
 (a)Administrative
 expensesEach 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 ContractsIn 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)CoordinationTo
 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
 supplantA 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.
 607.Employment
 status and compensation
 (a)Employee
 Status
 (1)In
 generalAn 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)DefinitionsFor 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)UnitsOf
 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)DefinitionsFor
 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
 CompensationFor 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 EmploymentNotwithstanding 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.
 608.Nondisplacement
 of existing employees
 (a)In
 generalA 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
 positionFor 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
 opportunitiesAn 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.
 609.Dispute
 resolutions, whistleblower hotline, and enforcement by the Secretary
 (a)Establishment of
 Arbitration Procedure
 (1)In
 generalEach 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
 generalIf 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
 meetingNot 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)SubmissionIf
 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
 secretaryIf 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)HearingUnless
 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
 generalExcept as provided in clause (ii), the cost of an
 arbitration proceeding shall be divided evenly between the parties to the
 arbitration.
 (ii)ExceptionIf
 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 FundsIn 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
 generalIn 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 proceduresA 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
 DefinedFor 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
 hotlineThe 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
 generalIf 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)DefinitionFor
 purposes of this paragraph, the term entity means State, unit of
 general local government, or individual.
 (C)Recommendation
 by an arbitratorA remedy described in subparagraph (A) may also
 be ordered by the Secretary upon recommendation by an arbitrator appointed or
 selected under this section.
 610.DefinitionsIn this title:
 (1)In
 generalThe 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)BenefitsThe
 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
 compensationThe term employee compensation includes
 wages and benefits.
 (4)Entitlement
 communitiesThe term entitlement communities
 includes metropolitan cities and urban counties.
 (5)Indian
 tribeThe 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)SecretaryThe
 term Secretary means the Secretary of Labor.
 (7)Unemployed
 individualThe 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 governmentThe 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)VeteranThe
 term veteran has the meaning given such term in section 101 of the
 Workforce Investment Act (29 U.S.C. 2801).
 (10)WageThe
 term wage has the meaning given such term in section 3 of the Fair
 Labor Standards Act of 1938 (29 U.S.C. 203).
 VIIChild
 Development Corps
 701.PurposeIt is the purpose of this title to provide
 for the creation of an additional 100,000 jobs through the Head Start
 Act.
 702.Child Development
 Corps
 (a)Amendments to
 the Head Start ActThe Head
 Start Act (42 U.S.C. 9831 et seq.) is amended—
 (1)by inserting after section 639 the
 following:
 639A.Authorization
 of appropriations for employing Early Head Start professional
 employeesThere is authorized
 to be appropriated $3,000,000,000 for each of the fiscal years 2014 and 2015 to
 carry out section 640A.
 ;
 and
 (2)by inserting after section 640 the
 following:
 640A.Employment of
 additional infant and toddler specialists
 (a)Employment of
 additional full-Time infant and toddler specialistsNot 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 supplantAn
 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)AppropriationThere is hereby appropriated out of any
 money in the Treasury not otherwise appropriated $3,000,000,000 for each of the
 fiscal years 2014 and 2015 to carry out section 640A of the Head Start
 Act.
 VIIIGeneral
 Provisions
 801.General
 requirements for entities receiving funding under this Act
 (a)Compliance with
 existing laws and contractsIn 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 lawsFederal 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.
 802.Reporting
 (a)Reports to
 SecretariesAt the end of
 fiscal year 2013 and 2015, 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
 CongressEach Secretary that receives a report under subsection
 (a) shall provide such reports to Congress not later than July 1, 2016.
 803.Hiring and
 preferences
 (a)In
 generalIn 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 hiringIn 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
 constructionNothing 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.
 804.Flexibility on
 hiringFunding 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.
 805.Nondisplacement
 (a)Nondisplacement
 of Existing Employees
 (1)In
 generalAn 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
 positionFor 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
 opportunitiesAn 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 ServicesA 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 businessWhere 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.
 806.Employment
 status and compensation in new programs
 (a)Employee
 StatusAn 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
 CompensationFor 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 EmploymentNotwithstanding
 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).
 807.Dispute
 resolutions, whistleblower hotline, and enforcement by the Secretary
 (a)Establishment of
 Arbitration Procedure
 (1)In
 generalEach 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
 generalIf 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
 meetingNot 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)SubmissionIf
 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
 secretaryIf 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)HearingUnless
 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
 generalExcept as provided in clause (ii), the cost of an
 arbitration proceeding shall be divided evenly between the parties to the
 arbitration.
 (ii)ExceptionIf
 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 fundsIn 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
 generalIn 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 proceduresA 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
 DefinedFor 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
 hotlineThe 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
 generalIf 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 arbitratorA 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.
 808.TerminationPrograms 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.


type: contracts

jurisdiction: EU

text:
 Dôležité právne oznámenie
 |
 12006M/PRO/01
 Zmluvy o Európskej únii (Konsolidované znenie) - A. Protokol pripojený k Zmluve o Európskej únii - Protokol (č. 1) o článku 17 Zmluvy o Európskej únii (1997)
 Úradný vestník C 321 E , 29/12/2006 S. 0190 - 0190
 Protokol (č. 1)o článku 17 Zmluvy o Európskej únii (1997)VYSOKÉ ZMLUVNÉ STRANY,MAJÚC NA PAMÄTI potrebu úplného vykonávania ustanovení druhého pododseku článku 17 ods. 1, a článku 17 ods. 3 Zmluvy o Európskej únii,MAJÚC NA PAMÄTI, že politika únie v súlade s článkom 17 nemá dopad na špecifický charakter bezpečnostnej a obrannej politiky určitých členských štátov, a rešpektuje záväzky určitých členských štátov, ktoré predpokladajú realizáciu svojej spoločnej obrannej politiky v NATO podľa Severoatlantickej zmluvy, a v tomto rámci dosiahnutie zlučiteľnosti so spoločnou bezpečnostnou a obrannou politikou,DOHODLI sa na nasledovnom ustanovení, ktoré je pripojené k Zmluve o Európskej únii,Európska únia vypracuje spolu so Západoeurópskou úniou do jedného roka od nadobudnutia platnosti Amsterdamskej zmluvy opatrenia na zlepšenú vzájomnú spoluprácu.--------------------------------------------------