Text: H.R.3638 — 112th Congress (2011-2012)

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Introduced in House (12/13/2011)


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[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 3638 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3638

To create American jobs and reduce the deficit, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2011

  Mr. Grijalva (for himself and Mr. Ellison) introduced the following 
  bill; which was referred to the Committee on Ways and Means, and in 
  addition to the Committees on Education and the Workforce, Natural 
Resources, Agriculture, the Judiciary, Science, Space, and Technology, 
 Energy and Commerce, Oversight and Government Reform, Small Business, 
   Transportation and Infrastructure, Financial Services, Veterans' 
Affairs, the Budget, Armed Services, and Foreign Affairs, for a period 
    to be 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 American jobs and reduce the deficit, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Restore the 
American Dream for the 99% Act'' or the ``Act for the 99%''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; Table of contents.
           TITLE I--EMERGENCY JOB CREATION TO REBUILD AMERICA

      Subtitle A--Emergency Jobs to Restore the American Dream Act

Sec. 1001. Short title.
                    Part 1--School Improvement Corps

Sec. 1011. Purpose.
Sec. 1012. Definitions.
 subpart a--grants for modernization, renovation, or repair of public 
                           school facilities

Sec. 1021. Purpose.
Sec. 1022. Allocation of funds.
Sec. 1023. Allowable uses of funds.
Sec. 1024. Priority projects.
                subpart b--grants for maintenance costs

Sec. 1031. Allocation to States.
Sec. 1032. Allowable uses of funds.
                     subpart c--general provisions

Sec. 1041. Supplement, not supplant.
Sec. 1042. Prohibition regarding State aid.
Sec. 1043. Maintenance of effort.
Sec. 1044. Special rules on contracting.
Sec. 1045. Use of American iron, steel, and manufactured goods.
Sec. 1046. Labor standards; compliance with existing statutes.
Sec. 1047. Charter schools.
Sec. 1048. Green schools.
Sec. 1049. Reporting.
Sec. 1050. Special rules.
Sec. 1051. Promotion of employment experiences.
Sec. 1052. Availability of funds.
Sec. 1053. Alternate distribution of funds.
                       Part 2--Student Jobs Corps

Sec. 1061. Student Jobs Corps.
       Part 3--Public Lands Corps and Civilian Conservation Corps

Sec. 1071. Appropriation of additional funds for existing Public Lands 
                            Corps.
Sec. 1072. Establishment and operation of new Civilian Conservation 
                            Corps.
                   Part 4--Neighborhood Heroes Corps

Sec. 1081. Teacher Corps.
Sec. 1082. Appropriation of additional funds for Community Oriented 
                            Policing Services.
Sec. 1083. Firefighters Corps.
                       Part 5--Health Care Corps

Sec. 1091. Purpose.
Sec. 1092. Health care and long-term care providers.
Sec. 1093. Supplement, not supplant.
                        Part 6--Community Corps

Sec. 1101. Purpose.
Sec. 1102. Community Corps.
Sec. 1103. Application.
Sec. 1104. Activities of the Community Corps.
Sec. 1105. Hiring and preferences.
Sec. 1106. Additional requirements for States and units of general 
                            local government.
Sec. 1107. Employment status and compensation.
Sec. 1108. Nondisplacement of existing employees.
Sec. 1109. Dispute resolutions, whistleblower hotline, and enforcement 
                            by the Secretary.
Sec. 1110. Definitions.
                    Part 7--Child Development Corps

Sec. 1121. Purpose.
Sec. 1122. Child Development Corps.
                      Part 8--On-the-job Training

Sec. 1131. Appropriation.
                       Part 9--General Provisions

Sec. 1141. General requirements for entities receiving funding under 
                            this subtitle.
Sec. 1142. Reporting.
Sec. 1143. Hiring and preferences.
Sec. 1144. Flexibility on hiring.
Sec. 1145. Nondisplacement.
Sec. 1146. Employment status and compensation in new programs.
Sec. 1147. Dispute resolutions, whistleblower hotline, and enforcement 
                            by the Secretary.
Sec. 1148. Termination.
            Subtitle B--Buy American Enhancement Act of 2011

Sec. 1201. Short title.
Sec. 1202. Domestic content requirement for the Buy American Act.
Sec. 1203. Requirement for indirect contracts to comply with the Buy 
                            American Act.
Sec. 1204. Buy American waiver reporting requirement.
Sec. 1205. Implementation through the Federal Acquisition Regulation.
Sec. 1206. Definitions.
    Subtitle C--Fairness and Transparency in Contracting Act of 2011

Sec. 1301. Short title.
Sec. 1302. Definitions.
Sec. 1303. Purpose.
Sec. 1304. Definition of small business concern and status review.
Sec. 1305. Notification.
Sec. 1306. Reporting.
Sec. 1307. List of contractors.
Sec. 1308. Contracting databases.
Sec. 1309. Enforcement.
    Subtitle D--National Infrastructure Development Bank Act of 2011

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Sec. 1404. Establishment of national infrastructure development bank.
Sec. 1405. Board of directors.
Sec. 1406. Executive committee.
Sec. 1407. Risk management committee.
Sec. 1408. Audit Committee.
Sec. 1409. Personnel.
Sec. 1410. Eligibility criteria for assistance from Bank.
Sec. 1411. Exemption from local taxation.
Sec. 1412. Status and applicability of certain Federal laws; no full 
                            faith and credit.
Sec. 1413. Compliance with Davis-Bacon Act.
Sec. 1414. Applicability of certain State laws.
Sec. 1415. Audits; Reports to President and Congress.
Sec. 1416. Capitalization of bank.
Sec. 1417. Sunset.
              Subtitle E--Wounded Veteran Job Security Act

Sec. 1501. Short title.
Sec. 1502. Expansion of definition of service in uniformed services for 
                            purposes of USERRA.
Sec. 1503. Documentation of treatment for purposes of reemployment 
                            under USERRA.
Sec. 1504. Notification of employer of intent to return to a position 
                            of employment.
Sec. 1505. Effective date.
 Subtitle F--Emergency Unemployment Compensation Extension Act of 2011

Sec. 1601. Short title.
Sec. 1602. Extension of emergency unemployment compensation program.
Sec. 1603. Temporary extension of extended benefit provisions.
 Subtitle G--Emergency Unemployment Compensation Expansion Act of 2011

Sec. 1701. Short title.
Sec. 1702. Additional first-tier emergency unemployment compensation.
Sec. 1703. Regulations.
Sec. 1704. Effective date.
             Subtitle H--Currency Reform for Fair Trade Act

Sec. 1801. Short title.
Sec. 1802. Clarification regarding definition of countervailable 
                            subsidy.
Sec. 1803. Report on implementation of subtitle.
Sec. 1804. Application to goods from Canada and Mexico.
           Subtitle I--Prioritize Emergency Job Creation Act

Sec. 1851. Short title.
Sec. 1852. Emergency job creation.
          Subtitle J--Fair Employment Opportunity Act of 2011

Sec. 1901. Short title.
Sec. 1902. Findings and purpose.
Sec. 1903. Definitions.
Sec. 1904. Prohibited acts.
Sec. 1905. Enforcement.
              Subtitle K--New Jobs for America Act of 2011

Sec. 1951. Short title.
Sec. 1952. Compensated employment training grants.
          Subtitle L--Transportation Infrastructure Investment

Sec. 1961. Transportation infrastructure investment.
                        Subtitle M--Jobs NOW Act

Sec. 1971. Short title.
Sec. 1972. Restoration of TANF Emergency Contingency Fund.
               Subtitle N--Discretionary Spending Limits

Sec. 1981. Repeal of new discretionary spending limits.
             Subtitle O--Emergency Job Creation Designation

Sec. 1991. Congressional Designation.
            TITLE II--RESPONSIBLE SAVINGS AND FAIR TAXATION

       Subtitle A--Responsible End to the War in Afghanistan Act

Sec. 2001. Short title.
Sec. 2002. Statement of policy.
Sec. 2003. Limitation on use of funds for operations of the Armed 
                            Forces in Afghanistan.
             Subtitle B--Defense and Deficit Reduction Act

Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Reduction and freeze in budget of Department of Defense.
     Subtitle C--Reduction in Military End Strength Level in Europe

Sec. 2201. Reduction in end strength level of members of the United 
                            States Armed Forces assigned to permanent 
                            duty in Europe and corresponding general 
                            end strength reductions.
Sec. 2202. Conforming changes to Armed Forces end strength levels.
                Subtitle D--V-22 Osprey Aircraft Program

Sec. 2401. Termination of V-22 Osprey aircraft program.
                    Subtitle E--Fairness in Taxation

Sec. 2501. Increased tax rates for taxpayers with more than $1,000,000 
                            taxable income.
Sec. 2502. Recapture of lower capital gains rates for individuals 
                            subject to added rate brackets.
           Subtitle F--End Big Oil Tax Subsidies Act of 2011

Sec. 2601. Short title.
Sec. 2602. Amortization of geological and geophysical expenditures.
Sec. 2603. Producing oil and gas from marginal wells.
Sec. 2604. Enhanced oil recovery credit.
Sec. 2605. Intangible drilling and development costs in the case of oil 
                            and gas wells.
Sec. 2606. Percentage depletion.
Sec. 2607. Tertiary injectants.
Sec. 2608. Passive activity losses and credits limited.
Sec. 2609. Income attributable to domestic production activities.
Sec. 2610. Prohibition on using last-in, first-out accounting for major 
                            integrated oil companies.
Sec. 2611. Modifications of foreign tax credit rules applicable to dual 
                            capacity taxpayers.
                 Subtitle G--Superfund Reinvestment Act

Sec. 2701. Short title.
Sec. 2702. Use of Hazardous Substance Superfund for cleanup.
Sec. 2703. Budgetary treatment of Hazardous Substance Superfund.
Sec. 2704. Extension of Superfund taxes.
Sec. 2705. Applicability.
        Subtitle H--Wall Street Trading and Speculators Tax Act

Sec. 2801. Short title.
Sec. 2802. Transaction tax.
                 Subtitle I--Making Work Pay Tax Credit

Sec. 2901. Two-year extension of making work pay credit.
         Subtitle J--Employee Misclassification Prevention Act

Sec. 2951. Short title.
Sec. 2952. Classification of employees and non-employees.
Sec. 2953. Misclassification of employees for unemployment compensation 
                            purposes.
Sec. 2954. Department of Labor coordination, referral, and regulations.
Sec. 2955. Targeted audits.
        Subtitle K--Corporate Assets Should Be Used to Hire Act

Sec. 2961. Short title.
Sec. 2962. Temporary surtax on increases in retained earnings of 
                            domestic corporations.
   TITLE III--PROTECT AND STRENGTHEN SOCIAL SECURITY, MEDICARE, AND 
                                MEDICAID

            Subtitle A--Public Option Deficit Reduction Act

Sec. 3001. Short title.
Sec. 3002. Public health insurance option.
  Subtitle B--Medicare Prescription Drug Price Negotiation Act of 2011

Sec. 3101. Short title.
Sec. 3102. Negotiation of lower covered part d drug prices on behalf of 
                            medicare beneficiaries.
Subtitle C--Medicaid Enhancement and Emergency Job Creation Act of 2011

Sec. 3201. Short title.
Sec. 3202. Extension of ARRA increase in FMAP through fiscal year 2012.
          Subtitle D--Keeping Our Social Security Promises Act

Sec. 3301. Short title.
Sec. 3302. Payroll tax on remuneration up to contribution and benefit 
                            base and more than $250,000.
Sec. 3303. Tax on net earnings from self-employment up to contribution 
                            and benefit base and more than $250,000.

           TITLE I--EMERGENCY JOB CREATION TO REBUILD AMERICA

      Subtitle A--Emergency Jobs to Restore the American Dream Act

SEC. 1001. SHORT TITLE.

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

                    PART 1--SCHOOL IMPROVEMENT CORPS

SEC. 1011. PURPOSE.

    It is the purpose of this part to provide for the creation of 
400,000 construction jobs for the purpose of modernizing, renovating, 
or repairing public school facilities; and 250,000 maintenance jobs for 
the purpose of maintaining and improving public school facilities.

SEC. 1012. DEFINITIONS.

    In this part:
            (1) The term ``Bureau-funded school'' has the meaning given 
        such term in section 1141 of the Education Amendments of 1978 
        (25 U.S.C. 2021).
            (2) The term ``charter school'' has the meaning given such 
        term in section 5210 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7221i).
            (3) The term ``CHPS Criteria'' means the green building 
        rating program developed by the 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.

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

SEC. 1021. PURPOSE.

    Grants under this subpart shall be for the purpose of modernizing, 
renovating, or repairing public school facilities (including early 
learning facilities, as appropriate), based on the need of the 
facilities for such improvements, to ensure that public school 
facilities are safe, healthy, high-performing, and technologically up-
to-date.

SEC. 1022. ALLOCATION OF FUNDS.

    (a) Reservation.--
            (1) In general.--From the amount appropriated to carry out 
        this subpart for each fiscal year pursuant to section 
        1052(a)(1), the Secretary shall reserve 2 percent of such 
        amount, consistent with the purpose described in section 
        1052(a)(1)--
                    (A) to provide assistance to the outlying areas; 
                and
                    (B) for payments to the Secretary of the Interior 
                to provide assistance to Bureau-funded schools.
            (2) Use of reserved funds.--In each fiscal year, the amount 
        reserved under paragraph (1) shall be divided between the uses 
        described in subparagraphs (A) and (B) of such paragraph in the 
        same proportion as the amount reserved under section 1121(a) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6331(a)) is divided between the uses described in paragraphs 
        (1) and (2) of such section 1121(a) in such fiscal year.
            (3) Distressed areas and natural disasters.--From the 
        amount appropriated to carry out this subpart for each fiscal 
        year pursuant to section 1052(a), the Secretary shall reserve 5 
        percent of such amount for grants to--
                    (A) local educational agencies serving geographic 
                areas with significant economic distress, to be used 
                consistent with the purpose described in section 1021 
                and the allowable uses of funds described in section 
                1023;
                    (B) local educational agencies serving geographic 
                areas recovering from a natural disaster; and
                    (C) local educational agencies serving geographic 
                areas that contain a military installation selected for 
                closure under the base closure and realignment process 
                pursuant to the Defense Base Closure and Realignment 
                Act of 1990 (part A of title XXIX of Public Law 101-
                510; 10 U.S.C. 2687 note).
    (b) Allocation to States.--
            (1) State-by-state allocation.--Of the amount appropriated 
        to carry out this subpart for each fiscal year pursuant to 
        section 1052(a)(1), and not reserved under subsection (a), each 
        State shall be allocated an amount in proportion to the amount 
        received by all local educational agencies in the State under 
        part A of title I of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year 
        relative to the total amount received by all local educational 
        agencies in every State under such part for such fiscal year.
            (2) State administration.--A State may reserve up to 1 
        percent of its allocation under paragraph (1) to carry out its 
        responsibilities under this subpart, which include--
                    (A) providing technical assistance to local 
                educational agencies;
                    (B) developing an online, publicly searchable 
                database that includes an inventory of public school 
                facilities in the State, including for each such 
                facility, its design, condition, modernization, 
                renovation and repair needs, utilization, energy use, 
                and carbon footprint; and
                    (C) creating voluntary guidelines for high-
                performing school buildings, including guidelines 
                concerning the following:
                            (i) Site location, storm water management, 
                        outdoor surfaces, outdoor lighting, and 
                        transportation, including public transit and 
                        pedestrian and bicycle accessability.
                            (ii) Outdoor water systems, landscaping to 
                        minimize water use, including elimination of 
                        irrigation systems for landscaping, and indoor 
                        water use reduction.
                            (iii) Energy efficiency (including minimum 
                        and superior standards, such as for heating, 
                        ventilation, and air conditioning systems), use 
                        of alternative energy sources, commissioning, 
                        and training.
                            (iv) Use of durable, sustainable materials, 
                        including life-cycle cost effectiveness, and 
                        waste reduction.
                            (v) Indoor environmental quality, such as 
                        day lighting in classrooms, lighting quality, 
                        indoor air quality (including with reference to 
                        reducing the incidence and effects of asthma 
                        and other respiratory illnesses), acoustics, 
                        and thermal comfort.
                            (vi) Operations and management, such as use 
                        of energy-efficient equipment, indoor 
                        environmental management plan, maintenance 
                        plan, and pest management.
            (3) Grants to local educational agencies.--From the amount 
        allocated to a State under paragraph (1), each eligible local 
        educational agency in the State shall receive an amount in 
        proportion to the amount received by such local educational 
        agency under part A of title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous 
        fiscal year relative to the total amount received by all local 
        educational agencies in the State under such part for such 
        fiscal year, except that no local educational agency that 
        received funds under such part for such fiscal year shall 
        receive a grant of less than $5,000 in any fiscal year under 
        this subpart.
            (4) Special rule.--Section 1122(c)(3) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6332(c)(3)) shall 
        not apply to paragraph (1) or (3).
    (c) Special Rules.--
            (1) Distributions by secretary.--The Secretary shall make 
        and distribute the reservations and allocations described in 
        subsections (a) and (b) not later than 90 days after an 
        appropriation of funds for this subpart is made.
            (2) Distributions by states.--A State shall make and 
        distribute the allocations described in subsection (b)(3) 
        within 60 days of receiving such funds from the Secretary.

SEC. 1023. ALLOWABLE USES OF FUNDS.

    (a) In General.--A local educational agency receiving a grant under 
this subpart shall use the grant for modernization, renovation, or 
repair of public school facilities (including early learning facilities 
and charter schools, as appropriate), including--
            (1) repair, replacement, or installation of roofs, 
        including extensive, intensive or semi-intensive green roofs, 
        electrical wiring, water supply and plumbing systems, sewage 
        systems, storm water runoff systems, lighting systems, building 
        envelope, windows, ceilings, flooring, or doors, including 
        security doors;
            (2) repair, replacement, or installation of heating, 
        ventilation, or air conditioning systems, including insulation, 
        and conducting indoor air quality assessments;
            (3) compliance with fire, health, seismic, and safety 
        codes, including professional installation of fire and life 
        safety alarms, and modernizations, renovations, and repairs 
        that ensure that schools are prepared for emergencies, such as 
        improving building infrastructure to accommodate security 
        measures and installing or upgrading technology to ensure that 
        schools are able to respond to emergencies such as acts of 
        terrorism, campus violence, and natural disasters;
            (4) retrofitting necessary to increase the energy 
        efficiency and water efficiency of public school facilities;
            (5) modifications necessary to make facilities accessible 
        in compliance with the Americans with Disabilities Act of 1990 
        (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation 
        Act of 1973 (29 U.S.C. 794);
            (6) abatement, removal, or interim controls of asbestos, 
        polychlorinated biphenyls, mold, mildew, lead-based hazards, 
        including lead-based paint hazards, or a proven carcinogen;
            (7) measures designed to reduce or eliminate human exposure 
        to classroom noise and environmental noise pollution;
            (8) modernization, renovation, or repair necessary to 
        reduce the consumption of coal, electricity, land, natural gas, 
        oil, or water;
            (9) installation or upgrading of educational technology 
        infrastructure;
            (10) modernization, renovation, or repair of science and 
        engineering laboratories, libraries, and career and technical 
        education facilities, and improvements to building 
        infrastructure to accommodate bicycle and pedestrian access;
            (11) installation or upgrading of renewable energy 
        generation and heating systems, including solar, photovoltaic, 
        wind, biomass (including wood pellet and woody biomass), waste-
        to-energy, and solar-thermal and geothermal systems, and for 
        energy audits;
            (12) measures designed to reduce or eliminate human 
        exposure to airborne particles such as dust, sand, and pollens;
            (13) creating greenhouses, gardens (including trees), and 
        other facilities for environmental, scientific, or other 
        educational purposes, or to produce energy savings;
            (14) modernizing, renovating, or repairing physical 
        education facilities for students, including upgrading or 
        installing recreational structures made from post-consumer 
        recovered materials in accordance with the comprehensive 
        procurement guidelines prepared by the Administrator of the 
        Environmental Protection Agency under section 6002(e) of the 
        Solid Waste Disposal Act (42 U.S.C. 6962(e));
            (15) other modernization, renovation, or repair of public 
        school facilities to--
                    (A) improve teachers' ability to teach and 
                students' ability to learn;
                    (B) ensure the health and safety of students and 
                staff;
                    (C) make them more energy efficient; or
                    (D) reduce class size; and
            (16) required environmental remediation related to 
        modernization, renovation, or repair described in paragraphs 
        (1) through (15).
    (b) Administrative Costs.--A local educational agency receiving a 
grant under this part may not use more than 1 percent of such grant 
funds for administrative costs.

SEC. 1024. PRIORITY PROJECTS.

    In selecting a project under section 113, a local educational 
agency may give priority to projects involving the abatement, removal, 
or interim controls of asbestos, polychlorinated biphenyls, mold, 
mildew, lead-based hazards, including lead-based paint hazards, or a 
proven carcinogen.

                Subpart B--Grants for Maintenance Costs

SEC. 1031. ALLOCATION TO STATES.

    (a) State-by-State Allocation.--Of the amount appropriated to carry 
out this subpart for each fiscal year pursuant to section 1052(a)(2), 
each State shall be allocated an amount in proportion to the amount 
received by all local educational agencies in the State under part A of 
title I of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.) for the previous fiscal year relative to the total 
amount received by all local educational agencies in every State under 
such part for such fiscal year.
    (b) Grants to Local Educational Agencies.--From the amount 
allocated to a State under subsection (a), each eligible local 
educational agency in the State shall receive an amount in proportion 
to the amount received by such local educational agency under part A of 
title I of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.) for the previous fiscal year relative to the total 
amount received by all local educational agencies in the State under 
such part for such fiscal year.

SEC. 1032. ALLOWABLE USES OF FUNDS.

    (a) Required Use of Funds.--A local educational agency receiving a 
grant under this subpart shall use the grant for payment of maintenance 
costs, including routine repairs classified as current expenditures 
under State or local law.
    (b) Administrative Costs.--A local educational agency receiving a 
grant under this subpart may not use more than 1 percent of such grant 
funds for administrative costs.

                     Subpart C--General Provisions

SEC. 1041. SUPPLEMENT, NOT SUPPLANT.

    A local educational agency receiving a grant under this part shall 
use such Federal funds only to supplement and not supplant the amount 
of funds that would, in the absence of such Federal funds, be available 
for modernization, renovation, repair, maintenance, and construction of 
public school facilities.

SEC. 1042. PROHIBITION REGARDING STATE AID.

    A State shall not take into consideration payments under this part 
in determining the eligibility of any local educational agency in that 
State for State aid, or the amount of State aid, with respect to free 
public education of children.

SEC. 1043. MAINTENANCE OF EFFORT.

    (a) In General.--A local educational agency may receive a grant 
under this part for any fiscal year only if either the combined fiscal 
effort per student or the aggregate expenditures of the agency and the 
State involved with respect to the provision of free public education 
by the agency for the preceding fiscal year was not less than 90 
percent of the combined fiscal effort or aggregate expenditures for the 
second preceding fiscal year.
    (b) Waiver.--The Secretary shall waive the requirements of this 
section if the Secretary determines that a waiver would be equitable 
due to--
            (1) exceptional or uncontrollable circumstances, such as a 
        natural disaster; or
            (2) a precipitous decline in the financial resources of the 
        local educational agency.

SEC. 1044. SPECIAL RULES ON CONTRACTING.

    (a) Local Educational Agency Requirements.--
            (1) In general.--Each local educational agency receiving a 
        grant under this part shall ensure that, if the agency carries 
        out modernization, renovation, repair, maintenance, or 
        construction through a contract, the process for any such 
        contract ensures the maximum number of qualified bidders, 
        including local, small, minority, and women- and veteran-owned 
        businesses, through full and open competition.
            (2) Review of applications.--In reviewing awarding 
        contracts under paragraph (1), a local educational agency shall 
        give preference to businesses that demonstrate--
                    (A) current and past compliance with Federal and 
                State labor laws, including laws concerning wage and 
                hour, labor relations, family and medical leave, 
                occupational safety and health, and living wage 
                standards; and
                    (B) terms and conditions of employment including 
                payment of living wage; availability of sick, vacation 
                and retirement benefits; and existence of grievance 
                procedures and labor-management committees.
    (b) Certification by Businesses.--Any business competing for a 
contract with a local educational agency receiving funds under this 
part shall certify to the local educational agency that the business 
has a record of compliance and is currently in compliance with Federal, 
State, and local labor and workplace laws, including statutes 
concerning wage and hour, labor relations, family and medical leave, 
occupational safety and health, and living wage standards.

SEC. 1045. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.

    (a) In General.--None of the funds appropriated or otherwise made 
available by this part may be used for a project for the modernization, 
renovation, repair, maintenance, or construction of a public school 
facility unless all of the iron, steel, and manufactured goods used in 
the project are produced in the United States.
    (b) Exceptions.--Subsection (a) shall not apply in any case or 
category of cases in which the Secretary finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron, steel, and the relevant manufactured goods are 
        not produced in the United States in sufficient and reasonably 
        available quantities and of a satisfactory quality; or
            (3) inclusion of iron, steel, and manufactured goods 
        produced in the United States will increase the cost of the 
        overall project by more than 25 percent.
    (c) Publication of Justification.--If the Secretary determines that 
it is necessary to waive the application of subsection (a) based on a 
finding under subsection (b), the Secretary shall publish in the 
Federal Register a detailed written justification of the determination.
    (d) Construction.--This section shall be applied in a manner 
consistent with United States obligations under international 
agreements.

SEC. 1046. LABOR STANDARDS; COMPLIANCE WITH EXISTING STATUTES.

    (a) In General.--The grant programs under this subpart are 
applicable programs (as that term is defined in section 400 of the 
General Education Provisions Act (20 U.S.C. 1221)) subject to section 
439 of such Act (20 U.S.C. 1232b).
    (b) Compliance With Existing Statutes.--Each local educational 
agency receiving a grant under this part shall comply with all 
applicable Federal, State, and local health, safety, labor, and civil 
rights laws.

SEC. 1047. CHARTER SCHOOLS.

    A local educational agency receiving a grant under this part may 
reserve an amount of that grant for charter schools within its 
jurisdiction for modernization, renovation, repair, and construction, 
or maintenance of charter school facilities (including early learning 
facilities, as appropriate).

SEC. 1048. GREEN SCHOOLS.

    (a) In General.--A local educational agency receiving a grant under 
this part shall, to the maximum extent practicable, use such funds for 
public school modernization, renovation, repair, or construction or 
maintenance that are certified, verified, or consistent with any 
applicable provisions of--
            (1) the LEED Green Building Rating System;
            (2) Energy Star;
            (3) the CHPS Criteria;
            (4) Green Globes; or
            (5) an equivalent program adopted by the State, or another 
        jurisdiction with authority over the local educational agency, 
        that includes a verifiable method to demonstrate compliance 
        with such program.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a local educational agency from using 
sustainable, domestic hardwood lumber as ascertained through the forest 
inventory and analysis program of the Forest Service of the Department 
of Agriculture under the Forest and Rangeland Renewable Resources 
Research Act of 1978 (16 U.S.C. 1641 et seq.) for public school 
modernization, renovation, repairs, or construction.
    (c) Technical Assistance.--The Secretary, in consultation with the 
Secretary of Energy and the Administrator of the Environmental 
Protection Agency, shall provide outreach and technical assistance to 
States and local educational agencies concerning the best practices in 
school modernization, renovation, repair, and construction, including 
those related to student academic achievement, student and staff 
health, energy efficiency, and environmental protection.

SEC. 1049. REPORTING.

    (a) Reports by Local Educational Agencies.--Local educational 
agencies receiving a grant under this part 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 part, 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 subpart A or subpart B of 
        this part 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 
        subpart A or subpart B of this part 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 
        part by--
                    (A) the local educational agency; and
                    (B) contractors who performed work for the local 
                educational agency under this part.
    (b) Availability of Reports.--A local educational agency shall--
            (1) submit the report described in subsection (a) to the 
        State educational agency, which shall compile such information 
        and report it annually to the Secretary; and
            (2) make the report described in subsection (a) publicly 
        available, including on the agency's Web site.
    (c) Reports by Secretary.--Not later than March 31 of each fiscal 
year, the Secretary shall submit to the Committee on Education and the 
Workforce of the House of Representatives and the Committee on Health, 
Education, Labor and Pensions of the Senate, and make available on the 
Department of Education's Web site, a report on grants made under this 
subpart, including the information from the reports described in 
subsection (b)(1).

SEC. 1050. SPECIAL RULES.

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

SEC. 1051. PROMOTION OF EMPLOYMENT EXPERIENCES.

    The Secretary of Education, in consultation with the Secretary of 
Labor, shall work with recipients of funds under this subpart to 
promote appropriate opportunities to gain employment experience working 
on modernization, renovation, repair, maintenance, and construction 
projects funded under this subpart for--
            (1) participants in a YouthBuild program (as defined in 
        section 173A of the Workforce Investment Act of 1998 (29 U.S.C. 
        2918a));
            (2) individuals enrolled in the Job Corps program carried 
        out under subtitle C of title I of the Workforce Investment Act 
        of 1998 (29 U.S.C. 2881 et seq.);
            (3) individuals enrolled in a junior or community college 
        (as defined in section 312(f) of the Higher Education Act of 
        1965 (20 U.S.C. 1088(f))) certificate or degree program 
        relating to projects described in section 128(a); and
            (4) participants in preapprenticeship programs that have 
        direct linkages with apprenticeship programs that are 
        registered with the Department of Labor or a State 
        Apprenticeship Agency under the National Apprenticeship Act of 
        1937 (29 U.S.C. 50 et seq.).

SEC. 1052. AVAILABILITY OF FUNDS.

    (a) Authorization and Appropriation.--There are authorized to be 
appropriated, and there are appropriated, for each of fiscal years 2012 
and 2013--
            (1) to carry out subpart 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 subpart B (in addition to any other 
        amounts appropriated to carry out such title and out of any 
        money in the Treasury not otherwise appropriated), 
        $10,000,000,000.
    (b) Prohibition on Earmarks.--None of the funds appropriated under 
this section may be used for a Congressional earmark as defined in 
clause 9(d) of rule XXI of the Rules of the House of Representatives 
for the 112th Congress.
    (c) Sunset.--The authority to award grants under this part shall 
expire at the end of fiscal year 2013.

SEC. 1053. ALTERNATE DISTRIBUTION OF FUNDS.

    If, within 30 days after the date of the enactment of this Act, a 
local educational agency has submitted to the Secretary a certification 
that they are refusing funds they are eligible to receive under this 
part, 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.

                       PART 2--STUDENT JOBS CORPS

SEC. 1061. STUDENT JOBS CORPS.

    (a) Purpose.--It is the purpose of this section to provide for an 
additional 250,000 part-time work-study jobs through the Federal Work-
Study Program under part C of title IV of the Higher Education Act of 
1965 (20 U.S.C. 2751 et seq.).
    (b) Appropriation of Additional Amounts.--There are authorized to 
be appropriated, and there are hereby appropriated, out of amounts in 
the Treasury not otherwise appropriated, to the Secretary of Education 
$425,000,000 for each of the fiscal years 2012 and 2013 for grants to 
institutions of higher education under part C of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 2751 et seq.) for payments to students 
participating in work-study programs in accordance with such part.
    (c) Relation to Other Funds.--Amounts appropriated by subsection 
(b) are in addition to amounts appropriated pursuant to the 
authorization of appropriations in section 441(b) of the Higher 
Education Act of 1965 (20 U.S.C. 2751(b)) and amounts otherwise made 
available by any other Act for the Federal Work-Study program under 
part C of such Act of 1965.
    (d) Matching Funds Not Required.--Notwithstanding section 443(b)(5) 
of the Higher Education Act of 1965 (20 U.S.C. 2753(b)(5)) or an 
agreement made pursuant to such section 443, an institution of higher 
education shall not be required to provide matching funds for any funds 
made available to the institution by this section.

       PART 3--PUBLIC LANDS CORPS AND CIVILIAN CONSERVATION CORPS

SEC. 1071. APPROPRIATION OF ADDITIONAL FUNDS FOR EXISTING PUBLIC LANDS 
              CORPS.

    (a) Purpose.--It is the purpose of this section to provide for the 
creation of an additional 100,000 positions in the Public Lands Corps 
established under section 204 of the Public Lands Corps Act of 1993 (16 
U.S.C. 1723).
    (b) Authorization and Appropriation of Additional Funds.--
            (1) Forest service.--There are authorized to be 
        appropriated, and there are hereby appropriated, out of amounts 
        in the Treasury not otherwise appropriated, to the Secretary of 
        Agriculture $125,000,000 for each of fiscal years 2012 and 
        2013--
                    (A) to carry out the Public Lands Corps established 
                in the Department of Agriculture under section 204 of 
                the Public Lands Corps Act of 1993 (16 U.S.C. 1723);
                    (B) to support qualified youth or conservation 
                corps to perform conservation projects referred to in 
                subsection (d) of such section; and
                    (C) to support resource assistants selected under 
                section 206 of such Act (16 U.S.C. 1725).
            (2) Department of the interior.--There are authorized to be 
        appropriated, and there are hereby appropriated, out of amounts 
        in the Treasury not otherwise appropriated, to the Secretary of 
        the Interior $125,000,000 for each of fiscal years 2012 and 
        2013--
                    (A) to carry out the Public Lands Corps established 
                in the Department of the Interior under section 204 of 
                the Public Lands Corps Act of 1993 (16 U.S.C. 1723);
                    (B) to support qualified youth or conservation 
                corps to perform conservation projects referred to in 
                subsection (d) of such section; and
                    (C) to support resource assistants selected under 
                section 206 of such Act (16 U.S.C. 1725).
    (c) Relation to Other Funds for Public Lands Corps.--Amounts 
appropriated by subsection (b) are in addition to amounts appropriated 
pursuant to the authorization of appropriations in section 211 of the 
Public Lands Corps Act of 1993 (16 U.S.C. 1730) and amounts allocated 
to the Public Lands Corps through other Federal programs or projects.
    (d) Expedited Obligation of Funds.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Agriculture and 
the Secretary of the Interior shall commence obligation of the funds 
appropriated by subsection (b) for fiscal year 2012 by utilizing the 
pool of remaining applications for fiscal year 2011 assistance under 
the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). If the 
number of fiscal year 2011 applications is insufficient to use the 
entire amount of the additional funds appropriated for fiscal year 
2012, the Secretaries shall announce an open solicitation process for 
new applications for assistance.
    (e) Waiver of Cost-Sharing Requirements.--The cost-sharing 
requirements of sections 206(b) and 210 of the Public Lands Corps Act 
of 1993 (16 U.S.C. 1725, 1730) shall not apply with respect to the 
expenditure of amounts appropriated by subsection (b).

SEC. 1072. ESTABLISHMENT AND OPERATION OF NEW CIVILIAN CONSERVATION 
              CORPS.

    (a) Establishment and Purpose.--The President may establish and 
operate a Civilian Conservation Corps to employ citizens of the United 
States in the construction, maintenance, and carrying on of additional 
works of a public nature in connection with--
            (1) the forestation of lands belonging to the United States 
        or a State;
            (2) the prevention of forest fires, floods, and soil 
        erosion;
            (3) plant pest and disease control;
            (4) the construction, maintenance, or repair of paths, 
        trails, and fire-lanes in units of the National Park System, 
        public lands, and other lands under the jurisdiction of the 
        Secretary of the Interior and units of the National Forest 
        System; and
            (5) such other work on Federal or State land incidental to 
        or necessary in connection with any projects of the character 
        enumerated in paragraphs (1) through (4) that the President 
        determines to be desirable.
    (b) Role of Federal Agencies.--To operate the Civilian Conservation 
Corps, the President may utilize existing Federal departments and 
agencies, including the Department of Labor, the Department of Defense, 
the National Guard Bureau, the Department of Interior, the Department 
of Agriculture, the Army Corps of Engineers, the Department of 
Transportation, the Department of Energy, the Environmental Protection 
Agency, and Federal governmental corporations.
    (c) Contract Authority.--For the purpose of carrying out the 
Civilian Conservation Corps, the President may enter into such 
contracts or agreements with States as may be necessary, including 
provisions for utilization of existing State administrative agencies.
    (d) Acquisition of Real Property.--The President, or the head of 
any department or agency authorized by the President to construct any 
project or to carry on any public works through the Civilian 
Conservation Corps, may acquire real property for such project or 
public work by purchase, donation, condemnation, or otherwise.
    (e) Employment Preference.--If amounts appropriated to carry out a 
Civilian Conservation Corps for a fiscal year will be insufficient to 
employ all of the citizens of the United States who are seeking or 
likely to seek employment in the Civilian Conservation Corps, while 
also continuing the employment of current employees who desire to 
remain in the Civilian Conservation Corps, the President shall employ 
additional persons in the Civilian Conservation Corps in the following 
order of preference:
            (1) Unemployed veterans of the Armed Forces and unemployed 
        members of the reserve components of the Armed Forces.
            (2) Unemployed citizens who have exhausted their 
        entitlement to unemployment compensation.
            (3) Unemployed citizens, who immediately before employment 
        in the Civilian Conservation 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) Other interested citizens.
    (f) Authorization of Appropriations.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to the President $16,000,000,000 for each of 
        fiscal years 2012 through 2015 to establish and operate a 
        Civilian Conservation Corps.
            (2) Use of unobligated funds appropriated for public 
        works.--
                    (A) Use of existing funds.--The President may use 
                any moneys previously appropriated for public works and 
                unobligated as of the date of the enactment of this Act 
                to establish and operate a Civilian Conservation Corps.
                    (B) Use to relieve unemployment.--Not less than 80 
                percent of the funds utilized pursuant to subparagraph 
                (A) must be used to provide for the employment of 
                individuals in the Civilian Conservation Corps.
                    (C) Exceptions.--Subparagraph (A) does not apply 
                to--
                            (i) unobligated moneys appropriated for 
                        public works on which actual construction has 
                        been commenced as of the date of the enactment 
                        of this Act or may be commenced within 90 days 
                        after that date; and
                            (ii) maintenance funds for river and harbor 
                        improvements already allocated as of the date 
                        of the enactment of this Act.
            (3) Duration of availability.--Amounts appropriated 
        pursuant to the authorization of appropriations in paragraph 
        (1) or made available under paragraph (2) shall remain 
        available until expended.

                   PART 4--NEIGHBORHOOD HEROES CORPS

SEC. 1081. TEACHER CORPS.

    (a) Purpose.--It is the purpose of this section to provide for the 
retention, rehiring, and hiring of 300,000 education jobs.
    (b) Authorization and Appropriation.--There are authorized to be 
appropriated and there are appropriated out of any money in the 
Treasury not otherwise obligated for necessary expenses for a Teacher 
Corps, $20,000,000,000 for each of fiscal years 2012 and 2013: 
Provided, That the amount under this section shall be administered 
under the terms and conditions of sections 14001 through 14013 and 
title XV of division A of the American Recovery and Reinvestment Act of 
2009 (Public Law 111-5) except as follows:
            (1) Allocation of funds.--
                    (A) Funds appropriated under this section shall be 
                available only for allocation by the Secretary of 
                Education (in this section referred to as the 
                Secretary) in accordance with subsections (a), (b), 
                (d), (e), and (f) of section 14001 of division A of 
                Public Law 111-5 and subparagraph (B) of this 
                paragraph, except that the amount reserved under such 
                subsection (b) shall not exceed $4,000,000 and such 
                subsection (f) shall be applied by substituting one 
                year for two years.
                    (B) Prior to allocating funds to States under 
                section 14001(d) of division A of Public Law 111-5, the 
                Secretary shall allocate 0.5 percent to the Secretary 
                of the Interior for schools operated or funded by the 
                Bureau of Indian Affairs on the basis of the schools' 
                respective needs for activities consistent with this 
                section under such terms and conditions as the 
                Secretary of the Interior may determine.
            (2) Reservation.--A State that receives an allocation of 
        funds appropriated under this section may reserve not more than 
        1 percent for the administrative costs of carrying out its 
        responsibilities with respect to those funds.
            (3) Awards to local educational agencies.--
                    (A) Except as specified in paragraph (2), an 
                allocation of funds to a State shall be used only for 
                awards to local educational agencies for the support of 
                elementary and secondary education in accordance with 
                paragraph (5) for the 2011-2012 and 2012-2013 school 
                years.
                    (B) Funds used to support elementary and secondary 
                education shall be distributed through a State's 
                primary elementary and secondary funding formulae or 
                based on local educational agencies' relative shares of 
                funds under part A of title I of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6311 et 
                seq.) for the most recent fiscal year for which data 
                are available.
                    (C) Subsections (a) and (b) of section 14002 of 
                division A of Public Law 111-5 shall not apply to funds 
                appropriated under this section.
            (4) Compliance with education reform assurances.--For 
        purposes of awarding funds appropriated under this section, any 
        State that has an approved application for Phase II of the 
        State Fiscal Stabilization Fund that was submitted in 
        accordance with the application notice published in the Federal 
        Register on November 17, 2009 (74 Fed. Reg. 59142) shall be 
        deemed to be in compliance with subsection (b) and paragraphs 
        (2) through (5) of subsection (d) of section 14005 of division 
        A of Public Law 111-5.
            (5) Requirement to use funds to retain or create education 
        jobs.--Notwithstanding section 14003(a) of division A of Public 
        Law 111-5, funds awarded to local educational agencies under 
        paragraph (3)--
                    (A) may be used only for compensation and benefits 
                and other expenses, such as support services, necessary 
                to retain existing employees, to recall or rehire 
                former employees, and to hire new employees, in order 
                to provide early childhood, elementary, or secondary 
                educational and related services; and
                    (B) may not use more than 1 percent of such grant 
                funds for administrative costs.
            (6) Prohibition on use of funds for rainy-day funds or debt 
        retirement.--A State that receives an allocation may not use 
        such funds, directly or indirectly, to--
                    (A) establish, restore, or supplement a rainy-day 
                fund;
                    (B) supplant State funds in a manner that has the 
                effect of establishing, restoring, or supplementing a 
                rainy-day fund;
                    (C) reduce or retire debt obligations incurred by 
                the State; or
                    (D) supplant State funds in a manner that has the 
                effect of reducing or retiring debt obligations 
                incurred by the State.
            (7) Supplement, not supplant.--Funds made available under 
        this section shall be used to supplement, not supplant, the 
        amount of funds that would, in the absence of the Federal funds 
        made available under this section, be made available from 
        local, State, and Federal sources to provide compensation and 
        other expenses such as support services, necessary to retain 
        existing employees, to recall or rehire former employees, and 
        to hire new employees, in order to provide early childhood, 
        elementary, or secondary educational and related services.
            (8) Deadline for award.--The Secretary shall award funds 
        appropriated under this section not later than 45 days after 
        the date of the enactment of this Act to States that have 
        submitted applications meeting the requirements applicable to 
        funds under this section. The Secretary shall not require 
        information in applications beyond what is necessary to 
        determine compliance with applicable provisions of law.
            (9) Alternate distribution of funds.--If, within 30 days 
        after the date of the enactment of this Act, a Governor has not 
        submitted an approvable application, the Secretary shall 
        provide for funds allocated to that State to be distributed to 
        another entity or other entities in the State (notwithstanding 
        section 14001(e) of division A of Public Law 111-5) for support 
        of elementary and secondary education, under such terms and 
        conditions as the Secretary may establish, provided that all 
        terms and conditions that apply to funds appropriated under 
        this section shall apply to such funds distributed to such 
        entity or entities. No distribution shall be made to a State 
        under this paragraph, however, unless the Secretary has 
        determined (on the basis of such information as may be 
        available) that the requirements of paragraph (11) are likely 
        to be met, notwithstanding the lack of an application from the 
        Governor of that State.
            (10) Local educational agency application.--Section 442 of 
        the General Education Provisions Act shall not apply to a local 
        educational agency that has previously submitted an application 
        to the State under title XIV of division A of Public Law 111-5. 
        The assurances provided under that application shall continue 
        to apply to funds awarded under this section.
            (11) Maintenance of effort.--
                    (A) In general.--Subject to subparagraph (B), a 
                local educational agency may receive a grant under this 
                part for any fiscal year only if either the combined 
                fiscal effort per student or the aggregate expenditures 
                of the agency and the State involved with respect to 
                the provision of free public education by the agency 
                for the preceding fiscal year was not less than 90 
                percent of the combined fiscal effort or aggregate 
                expenditures for the second preceding fiscal year.
                    (B) Waiver.--The Secretary shall waive the 
                requirements of this section if the Secretary 
                determines that a waiver would be equitable due to--
                            (i) exceptional or uncontrollable 
                        circumstances, such as a natural disaster; or
                            (ii) a precipitous decline in the financial 
                        resources of the local educational agency.
                    (C) ARRA provision not applicable.--Section 
                14005(d)(1) and subsections (a) through (c) of section 
                14012 of division A of Public Law 111-5 shall not apply 
                to funds appropriated under this section.

SEC. 1082. APPROPRIATION OF ADDITIONAL FUNDS FOR COMMUNITY ORIENTED 
              POLICING SERVICES.

    (a) Purpose.--It is the purpose of this section to provide for the 
hiring and rehiring of an additional 40,000 State, local, and tribal 
career law enforcement officers through the Community Oriented Policing 
Services program under part Q of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.).
    (b) Authorization and Appropriation of Additional Amounts.--There 
are authorized to be appropriated, and there are hereby appropriated, 
out of amounts in the Treasury not otherwise appropriated, to the 
Attorney General $5,000,000,000 for each of the fiscal years 2012 and 
2013 for grants under section 1701(b)(1) and (2) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(b)(1) and (2)) for hiring and rehiring of additional career law 
enforcement officers under part Q of such title, notwithstanding 
subsection (i) of such section.
    (c) Relation to Other Funds for COPS.--Amounts appropriated by 
subsection (b) are in addition to amounts appropriated pursuant to the 
authorization of appropriations in section 1001(a)(11) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) and 
amounts otherwise made available for grants under section 1701 of such 
Act (42 U.S.C. 3796dd) by any other Act.
    (d) Expedited Obligation of Funds.--Not later than 90 days after 
the date of the enactment of this Act, the Attorney General shall 
commence obligation of the funds appropriated by subsection (b) for 
fiscal year 2012 by utilizing the pool of applicants who submitted 
applications for fiscal year 2011 grants under part Q of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et 
seq.) but did not receive funding under such part for such fiscal year 
for hiring and rehiring of additional career law enforcement officers. 
If the number of such fiscal year 2011 applicants is insufficient to 
use the entire amount of the additional funds appropriated for fiscal 
year 2012, the Attorney General shall announce an open solicitation 
process for new applications for grants, to be submitted in accordance 
with the requirements of section 1702 of such Act (42 U.S.C. 3796dd-1).
    (e) Waiver of Certain Requirements.--Notwithstanding any other 
provision of law, subsection (g) of section 1701 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(g)) and 
subsection (c) of section 1704 of such Act (42 U.S.C. 3796dd-3(c)) 
shall not apply with respect to grants awarded using any funds made 
available under this section.

SEC. 1083. FIREFIGHTERS CORPS.

    (a) Purpose.--It is the purpose of this section to provide for the 
hiring and rehiring of an additional 12,000 firefighters through 
section 34 of the Federal Fire Prevention and Control Act of 1974 (15 
U.S.C. 2229a).
    (b) Amendment Authorizing Funds.--Section 34(i) of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2229a(i)) is amended--
            (1) in paragraph (6) by striking ``and'';
            (2) in paragraph (7) by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(8) $1,200,000,000 for fiscal year 2012; and
            ``(9) $1,200,000,000 for fiscal year 2013.''.
    (c) Appropriation.--
            (1) In general.--There is hereby appropriated out of any 
        money in the Treasury not otherwise appropriated $1,200,000,000 
        for each of the fiscal years 2012 and 2013 to carry out section 
        34 of the Federal Fire Prevention and Control Act of 1974 (15 
        U.S.C. 2229a).
            (2) Limitation.--None of the funds made available under 
        paragraph (1) of this subsection may be used to enforce the 
        requirements of subparagraphs (A), (B), or (E) of subsection 
        (a)(1) or paragraphs (1), (2), or (4)(A) of subsection (c) of 
        such section 34.
    (d) Expedited Obligation of Funds.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall commence obligation of the funds appropriated by 
subsection (c) for fiscal year 2012 by utilizing the pool of applicants 
who submitted applications for fiscal year 2011 grants under section 34 
of the Federal Fire Prevention and Control Act of 1974 but did not 
receive funding under such section for such fiscal year for hiring and 
rehiring of additional firefighters. If the number of such fiscal year 
2011 applicants is insufficient to use the entire amount of the 
additional funds appropriated for fiscal year 2012, the Secretary of 
Homeland Security shall announce an open solicitation process for new 
applications for grants, to be submitted in accordance with the 
requirements of such section 34.

                       PART 5--HEALTH CARE CORPS

SEC. 1091. PURPOSE.

    It is the purpose of this part to provide for the creation of a 
grant to hire at least 40,000 health care and long-term care 
professionals to expand access to care.

SEC. 1092. HEALTH CARE AND LONG-TERM CARE PROVIDERS.

    Part D of title III of the Public Health Service Act is amended by 
inserting after subpart III (42 U.S.C. 254l et seq.) the following:

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

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

    ``(a) In General.--The Secretary may provide financial assistance 
to health care or long-term care providers to pay all or part of the 
costs of hiring and retaining health care or long-term care 
professionals in addition to the professionals who, but for such 
assistance, would be hired and retained.
    ``(b) Eligible Assistance Recipients.--Health care and long-term 
care providers eligible for assistance under subsection (a) include the 
following:
            ``(1) A health care or long-term care provider serving a 
        health professional shortage area designated under section 332.
            ``(2) A Federally qualified health center (as defined in 
        section 1861(aa) of the Social Security Act).
            ``(3) A rural health clinic.
            ``(4) A health care or long-term care provider that 
        receives payment under title XVIII of the Social Security Act 
        or under a State plan or State child health plan under title 
        XIX or XXI, respectively, of such Act.
            ``(5) A public hospital.
            ``(6) A public health agency.
            ``(7) A nursing home or long-term care facility.
            ``(8) An intermediate care or developmentally disabled 
        facility.
            ``(9) A critical access hospital.
            ``(10) A school-based health center.
            ``(11) A university or college mental health facility.
            ``(12) An Indian health program or facility operated by an 
        Indian tribe or tribal organization.
            ``(13) A correctional facility.
    ``(c) Eligible Health Professionals.--Health care and long-term 
care professionals who may be hired or retained using assistance 
provided under this section include the following:
            ``(1) Dentists.
            ``(2) Certified nurse midwives.
            ``(3) Psychologists.
            ``(4) Licensed clinical social workers.
            ``(5) Licensed professional counselors.
            ``(6) Marriage and family therapists.
            ``(7) Nurse practitioners, including those specializing in 
        psychiatry.
            ``(8) Nurses, including advanced practice nurses.
            ``(9) Physicians, including osteopathic physicians.
            ``(10) Physician assistants, including those specializing 
        in psychiatry.
            ``(11) Psychiatric nurse specialists.
            ``(12) Registered dental hygienists.
            ``(13) Community health workers.
            ``(14) Occupational and physical therapists.
            ``(15) Optometrists.
            ``(16) Certified nursing assistants.
            ``(17) Direct care workers.
    ``(d) Application Process.--
            ``(1) In general.--The Secretary shall--
                    ``(A) not later than 60 days after the date of the 
                enactment of this section, solicit applications for 
                financial assistance under this section;
                    ``(B) require that any such application be 
                submitted--
                            ``(i) not later than 90 days after the date 
                        of the enactment of this section; and
                            ``(ii) in such manner and containing such 
                        information as the Secretary may require; and
                    ``(C) not later than 120 days after the date of the 
                enactment of this section, determine which such 
                applications will be approved and provide notice of 
                such determination to the applicants.
            ``(2) Compliance with labor and workplace laws.--As a 
        condition on eligibility for financial assistance under this 
        section, an application under paragraph (1) shall demonstrate 
        to the Secretary's satisfaction that the applicant has a record 
        of compliance, and is currently in compliance, with Federal, 
        State, and local labor and workplace laws, including Federal, 
        State, and local laws--
                    ``(A) relevant to hiring and retaining health care 
                or long-term care professionals, such as laws--
                            ``(i) requiring background checks in 
                        connection with hiring;
                            ``(ii) requiring such professionals to be 
                        licensed or certified; or
                            ``(iii) limiting the scope of practice;
                    ``(B) concerning wage and hour, labor relations, 
                family and medical leave, occupational safety and 
                health, or living wage standards; or
                    ``(C) concerning other terms and conditions of 
                employment such as the availability of sick, vacation, 
                and retirement benefits and the existence of grievance 
                procedures and labor-management committees.
    ``(e) Authorization and Appropriation of Additional Amounts.--To 
carry out this section, there are authorized to be appropriated, and 
there are hereby appropriated to the Department of Health and Human 
Services, out of amounts in the Treasury not otherwise appropriated, 
$4,000,000,000 for each of fiscal years 2012 and 2013.''.

SEC. 1093. SUPPLEMENT, NOT SUPPLANT.

    A health care or long-term care provider receiving a grant under 
this part 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.

                        PART 6--COMMUNITY CORPS

SEC. 1101. PURPOSE.

    It is the purpose of this part to provide for the creation of an 
additional 750,000 jobs through funding to States and units of general 
local government to establish and administer a Community Corps.

SEC. 1102. COMMUNITY CORPS.

    (a) Funding.--There are authorized to be appropriated and there are 
appropriated out of any money in the Treasury not otherwise obligated 
for necessary expenses to the Secretary of Labor, in consultation with 
the Secretary of Housing and Urban Development, to provide to States 
and units of general local government to establish and administer a 
Community Corps, $30,000,000,000 for each of fiscal years 2012 and 
2013.
    (b) Allotment Formula.--
            (1) Reservations by the secretary.--Of the amount 
        appropriated under subsection (a) for each fiscal year, the 
        Secretary may reserve--
                    (A) not more than 1 percent to administer this 
                part;
                    (B) not more than 0.5 percent to award grants, on a 
                competitive basis, to Indian tribes for purposes of 
                this part.
            (2) Making funds available for allotment by the 
        secretary.--Of the amounts appropriated under subsection (a) 
        and not reserved under paragraph (1) of this subsection, the 
        Secretary shall allot the amounts for each fiscal year as 
        follows:
                    (A) Seventy percent to entitlement communities, of 
                which the Secretary shall allot--
                            (i) 25 percent by allotting to each 
                        entitlement community an amount which bears the 
                        same ratio to the total amount to be allotted 
                        under this clause as the population of the 
                        entitlement community bears to the total 
                        population of all entitlement communities;
                            (ii) 25 percent by allotting each 
                        entitlement community an amount which bears the 
                        same ratio to the total amount to be allotted 
                        under this clause as the extent of poverty in 
                        the entitlement community bears to the extent 
                        of poverty in all entitlement communities; and
                            (iii) 50 percent by allotting to each 
                        entitlement community in an amount which bears 
                        the same ratio to the total to be allotted 
                        under this clause as the number of unemployed 
                        individuals in the entitlement community bears 
                        to the total number of unemployed individuals 
                        in all entitlement communities.
                    (B) Thirty percent to States, of which the 
                Secretary shall allot--
                            (i) 25 percent by allotting to each State 
                        an amount which bears the same ratio to the 
                        total amount to be allotted under this clause 
                        as the population of the State bears to the 
                        total population of all States;
                            (ii) 25 percent by allotting to each State 
                        an amount which bears the same ratio to the 
                        total amount to be allotted under this clause 
                        as the extent of poverty in the State bears to 
                        the extent of poverty in all States; and
                            (iii) 50 percent by allotting to each State 
                        an amount which bears the same ratio to the 
                        total amount to be allotted under this clause 
                        as the number of unemployed individuals in the 
                        State bears to the total number of unemployed 
                        individuals in all States.
            (3) Reservation and allotments by states.--
                    (A) Reservation.--Of the amount of funds allotted 
                to a State under paragraph (2)(B) for each fiscal year, 
                a State may reserve not more than 50 percent to carry 
                out a State-wide Community Corps.
                    (B) Allotments by states.--A State shall provide 
                all of the funds allotted to the State under paragraph 
                (2)(B) that are not reserved under subparagraph (A) to 
                units of general local government located in 
                nonentitlement areas of the State to employ individuals 
                under the Community Corps program, of which the State 
                shall allot--
                            (i) 25 percent to each such unit in an 
                        amount which bears the same ratio to the total 
                        amount made available under this clause as the 
                        population of the unit bears to the total 
                        population of all such units;
                            (ii) 25 percent to each such unit in an 
                        amount which bears the same ratio to the total 
                        amount made available under this clause as the 
                        extent of poverty in the unit bears to the 
                        extent of poverty in such units; and
                            (iii) 50 percent to each such unit in an 
                        amount which bears the same ratio to the total 
                        amount made available under this clause as the 
                        number of unemployed individuals in the unit 
                        bears to the total number of unemployed 
                        individuals in all such units.
            (4) Reallocation.--If a State or entitlement community does 
        not apply for an allotment under this section for any fiscal 
        year, or if a State's or entitlement community's application is 
        not approved, the Secretary shall reallot such amount to the 
        remaining States or entitlement in accordance with paragraph 
        (2).

SEC. 1103. APPLICATION.

    (a) In General.--Each State or entitlement community desiring to 
establish a Community Corps under this part shall submit an application 
to the Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
    (b) Fiscal Year 2012 Requirements.--For fiscal year 2012--
            (1) application requirements shall be released by Secretary 
        within 30 days of enactment of this Act;
            (2) States and entitlement communities desiring to receive 
        funds under this part 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 part shall be awarded 
        by the Secretary not later than 90 days after the date of 
        enactment of this Act.

SEC. 1104. ACTIVITIES OF THE COMMUNITY CORPS.

    (a) Consultation.--A chief executive officer of a unit of general 
local government shall consult with the local community and labor 
organizations representing employees of such unit in determining the 
Community Corps positions that should be funded under this part for 
such unit for each fiscal year.
    (b) Activities.--Each Community Corps funded under this part shall 
employee individuals to carry out 1 or more of the following 
activities.
            (1) Energy audits and conservation upgrades.--Perform 
        energy audits of private homes and offer to weatherize them and 
        install attic and crawl-space insulation, low-flow plumbing 
        fixtures, and low-energy lighting fixtures. Provide homeowners 
        with objective information concerning the cost and benefits of 
        more complicated conservation upgrades the homeowners could 
        contract with private firms to install.
            (2) Recycling and demanufacturing.--Collect categories of 
        recyclables that currently are under-collected (such as 
        electronic components and household paints and chemicals) and 
        perform initial demanufacturing work to reclaim reusable 
        materials.
            (3) Urban land reclamation and addressing blight.--Address 
        the needs of distressed, foreclosure-affected, and natural-
        disaster affected areas. For vacant or foreclosed buildings, 
        conduct maintenance, board up, or tear down, where appropriate. 
        Salvage materials for recycling. Reclaim vacant land in urban 
        areas for use as neighborhood parks and gardens. Test for the 
        presence of hazardous materials, undertake necessary clean-up 
        work, construct park and/or garden facilities, and establish 
        maintenance programs involving the local community. For 
        community gardens, operate model plantings to promote the 
        project, involve local residents in the work, and provide 
        instruction in urban gardening and farming.
            (4) Rural conservation work.--In collaboration with 
        activities under the Park Improvement Corps under title III, 
        perform conservation work. Repair and upgrade trail systems in 
        parklands. Construct shelters, bathrooms and recreational 
        facilities. Undertake watercourse cleaning and reclamation 
        projects. With proper training, conduct emergency work in cases 
        of floods or wildfires, or other natural disasters.
            (5) Public property maintenance and beautification.--Under 
        the direction of public entities that own public property 
        (including building interiors and exteriors and landscapes, and 
        including community centers, playgrounds, and libraries), 
        conduct maintenance, beautification, and other improvement 
        projects. Where appropriate, collaborate with projects funded 
        under part 1 of this subtitle (School Improvement Corps).
            (6) Housing rehabilitation.--
                    (A) In general.--Make improvements in privately 
                owned rental housing units necessary to improve such 
                units so that they comply with the housing quality 
                standards applicable to units assisted under section 
                8(o) of the United States Housing Act of 1937 (42 
                U.S.C. 1437f(o)), but only if the owner of the unit 
                enters into an agreement sufficient to ensure that the 
                owner--
                            (i) pays the cost of materials used in the 
                        renovation work; and
                            (ii) charges rent for the unit, during the 
                        5-year period beginning upon completion of the 
                        rehabilitation pursuant to this paragraph, in 
                        an amount not exceeding the fair market rental 
                        established under section 8(c) of such Act for 
                        a dwelling unit of the same size located in the 
                        same market area.
                    (B) Free of charge.--The Community Corps shall 
                provide all labor required for any rehabilitation 
                pursuant to this paragraph free of charge, except in 
                the case of any major repairs that the Corps lacks the 
                capacity to perform.
            (7) New housing construction.--Construct new homes on 
        abandoned land in poorer communities or the rehabilitate 
        abandoned properties for use as residences, using the self-help 
        homeowner participation model employed by Habitat for Humanity 
        International under which prospective homeowners contribute a 
        significant amount of sweat equity in the construction or 
        rehabilitation of the home. Participating homeowners shall be 
        selected on the basis of inability to otherwise purchase a home 
        in the regular housing market and willingness and capability to 
        assume the responsibilities of homeownership. Construction 
        materials shall be included in the cost of homeownership, but 
        all construction labor shall be furnished free of charge by the 
        Community Corps.
            (8) Other community improvement activities.--Other 
        community improvement activities as authorized by the 
        Secretary.

SEC. 1105. HIRING AND PREFERENCES.

    (a) In General.--In hiring individuals for a Community Corps 
position under this part, a State or unit of general local may only 
employ unemployed individuals, except in a case of a position 
(including a managerial position) for which no qualified unemployed 
individual has applied.
    (b) Priorities in Recruitment and Hiring.--In recruiting and hiring 
unemployed individuals for positions funded under this part, States and 
units of general local government shall target recruitment efforts and 
prioritize hiring with respect to individuals who are--
            (1) unemployed individuals who have exhausted their 
        entitlement to unemployment compensation;
            (2) unemployed veterans of the Armed Forces and unemployed 
        members of the reserve components of the Armed Forces;
            (3) unemployed individuals, who immediately before 
        employment in the Community Corps, are eligible for 
        unemployment compensation payable under any State law or 
        Federal unemployment compensation law, including any additional 
        compensation or extended compensation under such laws;
            (4) unemployed individuals who are not eligible to receive 
        unemployment compensation because they do not have sufficient 
        wages to meet the minimum qualifications for such compensation; 
        or
            (5) unemployed young people, including those who have not 
        previously been employed.
    (c) State Employment Agencies.--In hiring for Community Corps 
positions under this part, a State or unit of general local government 
shall utilize, among other methods, a State or local employment 
agencies, such as a one-stop career center or one-stop partner.
    (d) Notice.--Each listing for a position for a Community Corps 
shall be posted on a State or local employment web site.

SEC. 1106. ADDITIONAL REQUIREMENTS FOR STATES AND UNITS OF GENERAL 
              LOCAL GOVERNMENT.

    (a) Administrative Expenses.--Each State or unit of general local 
government receiving an allotment under section 1102 may not use more 
than 5 percent of the allotment for administrative purposes.
    (b) Compliance With Local Laws and Contracts.--In hiring 
individuals for positions funded under this part, or using 
administrative funds under this part 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 part.
    (c) Coordination.--To the maximum extent practicable, each State or 
unit of general local government receiving an allotment under section 
1102, 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 subtitle ends.
    (d) Supplement, Not Supplant.--A State or unit of general local 
government receiving funding under this part 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 part.

SEC. 1107. EMPLOYMENT STATUS AND COMPENSATION.

    (a) Employee Status.--
            (1) In general.--An individual hired for a position funded 
        under this part 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 part; and
                    (C) fill a position that offers full-time, full-
                year employment.
            (2) Definitions.--For purposes of this subsection--
                    (A) the term ``full-time'' when used in relation to 
                employment has the meaning already established or, if 
                the meaning has not been established, determined to be 
                appropriate for purposes of this part, by the State or 
                unit of general local government hiring an individual 
                under this part; and
                    (B) the term ``full-year'' when used in relation to 
                employment means a position that provides employment 
                for a 12-month period, except that in the case of a 
                position that provides a service required by a State or 
                unit of general local government for only the duration 
                of a school year, the term means a position that 
                provides employment for such duration.
    (b) Limit on Number of Executive, Administrative, or Professional 
Positions.--
            (1) Units.--Of the total number of positions funded under 
        this part for a fiscal year for each State or unit of general 
        local government--
                    (A) not more than 20 percent shall be in a bona 
                fide executive, administrative, or professional 
                capacity; and
                    (B) at least 80 percent shall not be in a bona fide 
                executive, administrative, or professional capacity.
            (2) Definitions.--For purposes of this subsection, the 
        terms ``bona fide executive'', ``bona fide administrative'', 
        and ``bona fide professional'' when used in relation to 
        capacity shall have the meanings given such terms under section 
        13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        213(a)(1)).
    (c) Total Amount of Compensation.--For each fiscal year for which 
funds are appropriated to carry out this part, each State or unit of 
general local government that receives funds under this part 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 
part.
    (d) Limit on Period of Employment.--Notwithstanding any agreement 
or other provision of law (other than those provisions of law 
pertaining to civil rights in employment), a State or unit of general 
local government shall not be obligated to employ the individuals hired 
under this part or retain the positions filled by such individuals 
beyond the period for which the State or unit receives funding under 
this part.

SEC. 1108. NONDISPLACEMENT OF EXISTING EMPLOYEES.

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

SEC. 1109. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOTLINE, AND ENFORCEMENT 
              BY THE SECRETARY.

    (a) Establishment of Arbitration Procedure.--
            (1) In general.--Each unit of general local government that 
        is an entitlement community and each State that receives 
        funding under this part shall agree to the arbitration 
        procedure described in this subsection to resolve disputes 
        described in subsections (b) and (c).
            (2) Written grievances.--
                    (A) In general.--If an employee (or an employee 
                representative) wishes to use the arbitration procedure 
                described in this subsection, such party shall file a 
                written grievance within the time period required under 
                subsection (b) or (c), as applicable, simultaneously 
                with the chief executive officer of a unit or State 
                involved in the dispute and the Secretary.
                    (B) In-person meeting.--Not later than 10 days 
                after the date of the filing of the grievance, the 
                chief executive officer (or the designee of the chief 
                executive officer) shall have an in-person meeting with 
                the party to resolve the grievance.
            (3) Arbitration.--
                    (A) Submission.--If the grievance is not resolved 
                within the time period described in paragraph (2)(B), a 
                party, by written notice to the other party involved, 
                may submit such grievance to binding arbitration before 
                a qualified arbitrator who is jointly selected and 
                independent of the parties.
                    (B) Appointment by secretary.--If the parties 
                cannot agree on an arbitrator within 5 days of 
                submitting the grievance to binding arbitration under 
                subparagraph (A), one of the parties may submit a 
                request to the Secretary to appoint a qualified and 
                independent arbitrator. The Secretary shall appoint a 
                qualified and independent arbitrator within 15 days 
                after receiving the request.
                    (C) Hearing.--Unless the parties mutually agree 
                otherwise, the arbitrator shall conduct a hearing on 
                the grievance and issue a decision not later than 30 
                days after the date such arbitrator is selected or 
                appointed.
                    (D) Costs.--
                            (i) In general.--Except as provided in 
                        clause (ii), the cost of an arbitration 
                        proceeding shall be divided evenly between the 
                        parties to the arbitration.
                            (ii) Exception.--If a grievant prevails 
                        under an arbitration proceeding, the unit of 
                        general local government or State involved in 
                        the dispute shall pay the cost of such 
                        proceeding, including attorneys' fees.
    (b) Disputes Concerning the Allotment of Funds.--In the case where 
a dispute arises as to whether a unit of general local government that 
is an entitlement community or State has improperly requested funds for 
services, an employee or employee representative of the unit or State 
may file a grievance under subsection (a) not later than 15 days after 
public notice of an intent to submit an application under section 1103 
is published in accordance with paragraph (1)(C) of such section. Upon 
receiving a copy of the grievance, the Secretary shall withhold the 
funds subject to such grievance, unless and until the grievance is 
resolved under subsection (a), by the parties or an arbitrator in favor 
of providing such funding.
    (c) All Other Disputes.--
            (1) In general.--In the case of a dispute not covered under 
        subsection (b) concerning compliance with the requirements of 
        this part by a unit of general local government that is an 
        entitlement community or State receiving funds under this part, 
        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 part, including recommendations to suspend 
        or terminate funding, or to require the repayment of funds 
        received under this part during any period of noncompliance.
            (2) Existing grievance procedures.--A party to a dispute 
        described in paragraph (1) may use the existing grievance 
        procedure of a unit or State involved in such dispute, or the 
        arbitration procedure described in this subsection, to resolve 
        such dispute.
    (d) Party Defined.--For purposes of subsections (a), (b), and (c), 
the term ``party'' means an employee, employee representative, unit of 
general local government, or State, involved in a dispute described in 
subsection (b) or (c).
    (e) Whistleblower Hotline; Enforcement by the Secretary.--
            (1) Whistleblower hotline.--The Secretary shall post on a 
        publicly accessible Internet Web site of the Department of 
        Labor the contact information for reporting noncompliance with 
        this part by a State or unit of general local government or 
        individual receiving funding under this part.
            (2) Enforcement by the secretary.--
                    (A) In general.--If the Secretary receives a 
                complaint alleging noncompliance with this part, 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 
                        part 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 part 
                        during any period of noncompliance.
                    (B) Definition.--For purposes of this paragraph, 
                the term ``entity'' means State, unit of general local 
                government, or individual.
                    (C) Recommendation by an arbitrator.--A remedy 
                described in subparagraph (A) may also be ordered by 
                the Secretary upon recommendation by an arbitrator 
                appointed or selected under this section.

SEC. 1110. DEFINITIONS.

    In this part:
            (1) In general.--The terms ``city''; ``extent of poverty''; 
        ``metropolitan city''; ``urban county''; ``nonentitlement 
        area''; ``population''; and ``State'' have the meanings given 
        the terms in section 102 of the Housing and Community 
        Development Act of 1974 (42 U.S.C. 5302).
            (2) Benefits.--The term ``benefits'' has the meaning given 
        the term ``employment benefits'' in section 101 of the Family 
        and Medical Leave Act of 1993 (29 U.S.C. 2611).
            (3) Employee compensation.--The term ``employee 
        compensation'' includes wages and benefits.
            (4) Entitlement communities.--The term ``entitlement 
        communities'' includes metropolitan cities and urban counties.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (7) Unemployed individual.--The term ``unemployed 
        individual'' has the meaning given such term in section 101 of 
        the Workforce Investment Act of 1998 (29 U.S.C. 2801).
            (8) Unit of general local government.--The term ``unit of 
        general local government'' means any city, county, town, 
        township, parish, village, or other general purpose political 
        subdivision of a State; Guam, the Northern Mariana Islands, the 
        Virgin Islands, and American Samoa, or a general purpose 
        political subdivision thereof; a combination of such political 
        subdivisions that is recognized by the Secretary; and the 
        District of Columbia.
            (9) Veteran.--The term ``veteran'' has the meaning given 
        such term in section 101 of the Workforce Investment Act (29 
        U.S.C. 2801).
            (10) Wage.--The term ``wage'' has the meaning given such 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).

                    PART 7--CHILD DEVELOPMENT CORPS

SEC. 1121. PURPOSE.

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

SEC. 1122. CHILD DEVELOPMENT CORPS.

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

``SEC. 639A. AUTHORIZATION OF APPROPRIATIONS FOR EMPLOYING EARLY HEAD 
              START PROFESSIONAL EMPLOYEES.

    ``There is authorized to be appropriated $3,000,000,000 for each of 
the fiscal years 2012 and 2013 to carry out section 640A.''; and
            (2) by inserting after section 640 the following:

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

    ``(a) Employment of Additional Full-Time Infant and Toddler 
Specialists.--Not later than 90 days after the date of the enactment of 
this Act, the Secretary shall provide funds appropriated under section 
639A to Early Head Start programs to pay the cost of employing 
additional full-time infant and toddler specialists.
    ``(b) Funds to Supplement Not Supplant.--An Early Head Start 
program that receives funds under subsection (a) shall use such funds 
only to supplement and not supplant the amount of funds that would, in 
the absence of such Federal funds, be available to pay the cost of 
employing additional full-time infant and toddler specialists.''.
    (b) Appropriation.--There is hereby appropriated out of any money 
in the Treasury not otherwise appropriated $3,000,000,000 for each of 
the fiscal years 2012 and 2013 to carry out section 640A of the Head 
Start Act.

                      PART 8--ON-THE-JOB TRAINING

SEC. 1131. APPROPRIATION.

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, and for the following purposes, 
namely:

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For an additional amount for ``Training and Employment Services'' 
for activities under the Workforce Investment Act of 1998 (``WIA''), 
$500,000,000 which shall be available for obligation on the date of 
enactment of this Act, Provided, That such funds shall be used solely 
for on-the-job training (as such term is defined in section 101(31) of 
the WIA): Provided further, That $250,000,000 of such amount shall be 
for such on-the-job training for individuals who reside in local areas 
that--
            (1) have a poverty rate of 12 percent or more for each 
        Public Use Microdata Area (PUMA) in such local area; or
            (2) have an unemployment rate that is 2 percent higher than 
        the national unemployment rate.

                       PART 9--GENERAL PROVISIONS

SEC. 1141. GENERAL REQUIREMENTS FOR ENTITIES RECEIVING FUNDING UNDER 
              THIS SUBTITLE.

    (a) Compliance With Existing Laws and Contracts.--In hiring 
individuals for positions funded under this subtitle, or using funds 
under this subtitle 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 
subtitle.
    (b) Compliance With Federal Civil Rights Laws.--Federal civil 
rights laws described in subsection (a) shall include the following:
            (1) Title VI of the Civil Rights Act of 1964.
            (2) Title IX of the Education Amendments of 1972.
            (3) Sections 503 and 504 of the Rehabilitation Act of 1973.
            (4) The Age Discrimination Act of 1975.

SEC. 1142. REPORTING.

    (a) Reports to Secretaries.--At the end of fiscal year 2012 and 
2013, each State, unit of general local government, community-based 
organization, or business, or other entity that receives assistance 
under this subtitle 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 subtitle.
    (b) Reports to Congress.--Each Secretary that receives a report 
under subsection (a) shall provide such reports to Congress not later 
than July 1, 2014.

SEC. 1143. HIRING AND PREFERENCES.

    (a) In General.--In hiring individuals for positions funded under 
part 1, part 5, and part 7, an entity described in section 1142 
receiving funding under this subtitle may only employ unemployed 
individuals, except in a case of a position (including a managerial 
position) for which no qualified unemployed individual has applied.
    (b) Priorities in Recruitment and Hiring.--In recruiting and hiring 
unemployed individuals for positions described in subsection, the 
entity shall target recruitment efforts and prioritize hiring with 
respect to individuals who are--
            (1) unemployed individuals who have exhausted their 
        entitlement to unemployment compensation;
            (2) unemployed veterans of the Armed Forces and unemployed 
        members of the reserve components of the Armed Forces;
            (3) unemployed individuals, who immediately before 
        employment in the programs described in subparagraph (a), are 
        eligible for unemployment compensation payable under any State 
        law or Federal unemployment compensation law, including any 
        additional compensation or extended compensation under such 
        laws;
            (4) unemployed individuals who are not eligible to receive 
        unemployment compensation because they do not have sufficient 
        wages to meet the minimum qualifications for such compensation; 
        or
            (5) in the case of employment under subpart B of part 1, 
        unemployed young people, including those who have not 
        previously been employed.
    (c) Rule of Construction.--Nothing in this section shall supersede 
the qualification requirements under titles I through VII or existing 
law, such as medical licensure where applicable for health corps or 
certification for early childhood development workers.

SEC. 1144. FLEXIBILITY ON HIRING.

    Funding under this subtitle shall be tied to the job created with 
the funding rather than to the individual awarded the job, and entities 
receiving funding under this subtitle are authorized to hire new 
employees to replace an individual that was hired with such funds, but 
who has left the position.

SEC. 1145. NONDISPLACEMENT.

    (a) Nondisplacement of Existing Employees.--
            (1) In general.--An entity described in section 1142 that 
        receives funding under this subtitle may not employ an 
        individual for a position funded under this subtitle, if--
                    (A) employing such individual will result in the 
                layoff or partial displacement (such as a reduction in 
                hours, wages, or employee benefits) of an existing 
                employee of the unit or organization; or
                    (B) such individual will perform the same or 
                substantially similar work that had previously been 
                performed by an employee of the unit or organization 
                who--
                            (i) has been laid off or partially 
                        displaced (as such term is described in 
                        subparagraph (A)); and
                            (ii) has not been offered by the unit or 
                        organization, to be restored to the position 
                        the employee had immediately prior to being 
                        laid off or partially displaced.
            (2) Elimination of position.--For the purposes of this 
        subsection, a position shall be considered to have been 
        eliminated by an entity receiving funding under this subtitle 
        if the position has remained unfilled and the unit or 
        organization has not sought to fill such position for at least 
        a period of one month.
            (3) Promotional opportunities.--An individual may not be 
        hired for a position funded under this part 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 subtitle.
    (b) Nondisplacement of Local Government Services.--A business or 
community-based organization receiving funds under this part may not 
use such funds to provide services or functions that are customarily 
provided by a unit of general local government where such services or 
functions are provided by the organization.
    (c) Nondisplacement of Local Business.--Where appropriate, any unit 
of government or community-based organizations receiving funds under 
this subtitle cannot use those funds to provide services or functions 
that are currently provided by a local business.

SEC. 1146. EMPLOYMENT STATUS AND COMPENSATION IN NEW PROGRAMS.

    (a) Employee Status.--An individual hired for a position funded 
under part 1, part 5, or part 6, or section 1081 of part 4 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 subtitle.
    (b) Total Amount of Compensation.--For each fiscal year for which 
funds are appropriated to carry out this subtitle, 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 subtitle.
    (c) Limit on Period of Employment.--Notwithstanding any agreement 
or other provision of law (other than those provisions of law 
pertaining to civil rights in employment), a unit of general local 
government, business, or community-based organization shall not be 
obligated to employ the individuals hired under this subtitle or retain 
the positions filled by such individuals beyond the period for which 
the unit or organization receives funding under the provisions 
described in subsection (a).

SEC. 1147. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOTLINE, AND ENFORCEMENT 
              BY THE SECRETARY.

    (a) Establishment of Arbitration Procedure.--
            (1) In general.--Each entity that receives funding under 
        this subtitle shall agree to the arbitration procedure 
        described in this subsection to resolve disputes described in 
        subsections (b) and (c).
            (2) Written grievances.--
                    (A) In general.--If an employee (or an employee 
                representative) wishes to use the arbitration procedure 
                described in this subsection, such party shall file a 
                written grievance within the time period required under 
                subsection (b) or (c), as applicable, simultaneously 
                with the chief executive officer of an entity involved 
                in the dispute and the Secretary of Labor.
                    (B) In-person meeting.--Not later than 10 days 
                after the date of the filing of the grievance, the 
                chief executive officer (or the designee of the chief 
                executive officer) shall have an in-person meeting with 
                the party to resolve the grievance.
            (3) Arbitration.--
                    (A) Submission.--If the grievance is not resolved 
                within the time period described in paragraph (2)(B), a 
                party, by written notice to the other party involved, 
                may submit such grievance to binding arbitration before 
                a qualified arbitrator who is jointly selected and 
                independent of the parties.
                    (B) Appointment by secretary.--If the parties 
                cannot agree on an arbitrator within 5 days of 
                submitting the grievance to binding arbitration under 
                subparagraph (A), one of the parties may submit a 
                request to the Secretary of Labor to appoint a 
                qualified and independent arbitrator. The Secretary of 
                Labor shall appoint a qualified and independent 
                arbitrator within 15 days after receiving the request.
                    (C) Hearing.--Unless the parties mutually agree 
                otherwise, the arbitrator shall conduct a hearing on 
                the grievance and issue a decision not later than 30 
                days after the date such arbitrator is selected or 
                appointed.
                    (D) Costs.--
                            (i) In general.--Except as provided in 
                        clause (ii), the cost of an arbitration 
                        proceeding shall be divided evenly between the 
                        parties to the arbitration.
                            (ii) Exception.--If a grievant prevails 
                        under an arbitration proceeding, the entity 
                        involved in the dispute shall pay the cost of 
                        such proceeding, including attorneys' fees.
    (b) Disputes Concerning the Allotment of Funds.--In the case where 
a dispute arises as to whether an entity has improperly requested funds 
for services, an employee or employee representative of entity may file 
a grievance under subsection (a) not later than 15 days after public 
notice of an intent to request funds for services. Upon receiving a 
copy of the grievance, the Secretary of Labor shall withhold the funds 
subject to such grievance, unless and until the grievance is resolved 
under subsection (a), by the parties or an arbitrator in favor of 
providing such funding.
    (c) All Other Disputes.--
            (1) In general.--In the case of a dispute not covered under 
        subsection (b) concerning compliance with the requirements of 
        this subtitle by an entity receiving funds under this part, 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 subtitle, including recommendations to suspend or 
        terminate funding, or to require the repayment of funds 
        received under this part during any period of noncompliance.
            (2) Existing grievance procedures.--A party to a dispute 
        described in paragraph (1) may use the existing grievance 
        procedure of an entity involved in such dispute, or the 
        arbitration procedure described in this subsection, to resolve 
        such dispute.
    (d) Party Defined.--For purposes of subsections (a), (b), and (c), 
the term ``party'' means an employee, employee representative, or 
entity involved in a dispute described in subsection (b) or (c).
    (e) Whistleblower Hotline; Enforcement by the Secretary.--
            (1) Whistleblower hotline.--The Secretary of Labor shall 
        post on a publicly accessible Internet Web site of the 
        Department of Labor the contact information for reporting 
        noncompliance with this part by a State, unit of general local 
        government, community-based organization, business, or 
        individual receiving funding under this part.
            (2) Enforcement by the secretary.--
                    (A) In general.--If the Secretary of Labor receives 
                a complaint alleging noncompliance with this subtitle, 
                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 
                        part 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 part during any period of noncompliance.
                    (B) Recommendation by an arbitrator.--A remedy 
                described in subparagraph (A) may also be ordered by 
                the Secretary of Labor upon recommendation by an 
                arbitrator appointed or selected under this section.

SEC. 1148. TERMINATION.

    Programs and funding authorized under this subtitle 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 subtitle shall not be 
        fired prematurely;
            (2) projects funded under this subtitle shall be continued 
        until completion; and
            (3) an individual hired under this subtitle may be replaced 
        when such individual leaves the position for which the 
        individual was hired.

            Subtitle B--Buy American Enhancement Act of 2011

SEC. 1201. SHORT TITLE.

    This subtitle may be cited as the ``The Buy American Enhancement 
Act of 2011''.

SEC. 1202. DOMESTIC CONTENT REQUIREMENT FOR THE BUY AMERICAN ACT.

    (a) Substantially All Defined.--Section 8301 of title 41, United 
States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Substantially all.--Articles, materials, or supplies 
        shall be treated as made substantially all from articles, 
        materials, or supplies mined, produced, or manufactured in the 
        United States if the cost of the domestic components of such 
        articles, materials, or supplies exceeds 75 percent of the 
        total cost of all components of such articles, materials, or 
        supplies.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect not later than 180 days after the date of the enactment of 
this subtitle.

SEC. 1203. REQUIREMENT FOR INDIRECT CONTRACTS TO COMPLY WITH THE BUY 
              AMERICAN ACT.

    (a) Contract Requirement.--The head of each Federal agency shall 
ensure that each contract described in subsection (b) awarded by such 
Federal agency includes a provision requiring any articles, materials, 
and supplies provided under the contract to comply with chapter 83 of 
title 41, United States Code (popularly referred to as the ``Buy 
American Act''), subject to the exceptions to that chapter provided in 
the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise 
provided by law.
    (b) Contracts Described.--The contracts described in this 
subsection include each of the following:
            (1) Housing leases, including military housing provided by 
        a private entity.
            (2) Power purchase agreements.
            (3) Enhanced-use leases.
            (4) Energy savings performance contracts.
            (5) Utility energy service contracts.

SEC. 1204. BUY AMERICAN WAIVER REPORTING REQUIREMENT.

    (a) Waiver Defined.--Section 8301 of title 41, United States Code, 
as amended by section 1202, is further amended by adding at the end the 
following new paragraph:
            ``(4) Waiver.--The term `waiver' means, with respect to the 
        acquisition of an article, material, or supply for public use, 
        the inapplicability of this chapter to the acquisition by 
        reason of any of the following:
                    ``(A) A determination by the head of the Federal 
                agency concerned that the acquisition is inconsistent 
                with the public interest.
                    ``(B) A determination by the head of the Federal 
                agency concerned that the cost of the acquisition is 
                unreasonable.
                    ``(C) Use outside of the United States.
                    ``(D) A determination by the head of the Federal 
                agency concerned that the article, material, or supply 
                is not mined, produced, or manufactured in the United 
                States in sufficient and reasonably available 
                commercial quantities of a satisfactory quality.
                    ``(E) Procured under a contract with an award value 
                that is not more than the micro-purchase threshold 
                under section 1902 of this title.
                    ``(F) An exception under the Trade Agreements Act 
                of 1979 (19 U.S.C. 2501 et seq.).
                    ``(G) Any other exception otherwise provided by 
                law.''.
    (b) Waiver Reporting Requirement.--Section 8302 of title 41, United 
States Code, is amended by adding at the end the following new section:
    ``(c) Waiver Reporting Requirement.--The head of each Federal 
agency shall establish a location on the website of such agency for the 
publication of waivers accessible by the public and shall publish a 
list at such location of each waiver granted under this chapter not 
later than 30 days after such waiver is granted.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect not later than 180 days after the date of the enactment of this 
subtitle.

SEC. 1205. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.

    Not later than 180 days after the date of the enactment of this 
subtitle, the Federal Acquisition Regulation shall be revised as 
necessary to implement the provisions of this subtitle.

SEC. 1206. DEFINITIONS.

    In this subtitle:
            (1) Energy savings performance contract.--The term ``energy 
        savings performance contract'' has the meaning given that term 
        under section 436.31 of title 10, Code of Federal Regulations.
            (2) Federal agency.--The term ``Federal agency'' means any 
        executive agency (as defined in section 133 of title 41, United 
        States Code) or any establishment in the legislative or 
        judicial branch of the Federal Government.

    Subtitle C--Fairness and Transparency in Contracting Act of 2011

SEC. 1301. SHORT TITLE.

    This subtitle may be cited as the ``Fairness and Transparency in 
Contracting Act of 2011''.

SEC. 1302. DEFINITIONS.

    In this subtitle--
            (1) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively;
            (2) the term ``parent company'', relating to a business 
        concern, means a person other than an individual that owns not 
        less than 51 percent of that business concern;
            (3) the terms ``small business concern'', ``small business 
        concern owned and controlled by veterans'', ``small business 
        concern owned and controlled by service-disabled veterans'', 
        and ``small business concern owned and controlled by women'' 
        have the meanings given those terms in section 3 of the Small 
        Business Act (15 U.S.C. 632), as amended by this subtitle; and
            (4) the term ``small business concern owned and controlled 
        by socially and economically disadvantaged individuals'' has 
        the meaning given that term in section 8(d)(3)(C) of the Small 
        Business Act (15 U.S.C. 637(d)(3)(C)).

SEC. 1303. PURPOSE.

    The purpose of this subtitle is to modify the definitions relating 
to whether a business concern qualifies as a small business concern to 
establish additional requirements that ensure that no publically traded 
business concern, subsidiary of a publically traded business concern, 
foreign-owned business concern, or subsidiary of a foreign-owned 
business concern is considered a small business concern for the purpose 
of Federal Government contracting and subcontracting, including for 
procurement goals.

SEC. 1304. DEFINITION OF SMALL BUSINESS CONCERN AND STATUS REVIEW.

    Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is 
amended by adding at the end the following:
    ``(6) Independently Owned and Operated.--
            ``(A) In general.--In this subsection, the term 
        `independently owned and operated' does not include a business 
        concern--
                    ``(i) that is--
                            ``(I) an issuer of a class of securities 
                        registered or that is required to be registered 
                        pursuant to section 12 of the Securities 
                        Exchange Act of 1934 (15 U.S.C. 78l) or that is 
                        required to file reports pursuant to section 
                        15(d) of that Act (15 U.S.C. 78o(d)); or
                            ``(II) owned by an entity that is an issuer 
                        of a class of securities registered or that is 
                        required to be registered pursuant to section 
                        12 of the Securities Exchange Act of 1934 (15 
                        U.S.C. 78l) or that is required to file reports 
                        pursuant to section 15(d) of that Act (15 
                        U.S.C. 78o(d)); or
                    ``(ii) more than 50 percent of which is owned, 
                directly or indirectly, by one or more individuals that 
                are not United States citizens.
            ``(B) Entities.--In determining ownership of a business 
        concern, any interest in the business concern that is owned by 
        a person that is not an individual (including a corporation, 
        partnership, estate, or trust) shall be considered owned 
        proportionately by or for the individuals that own that 
        person.''.

SEC. 1305. NOTIFICATION.

    (a) In General.--Not later than 6 months after the date of 
enactment of this subtitle, the Administrator shall notify the head of 
each Federal department or agency regarding this subtitle and the 
amendments made by this subtitle.
    (b) To Contractors.--Not later than 6 months after receiving notice 
under subsection (a), the head of a Federal department or agency shall 
notify any contractor of that department or agency regarding this 
subtitle and the amendments made by this subtitle.

SEC. 1306. REPORTING.

    (a) In General.--Not later than 6 months after the end of each 
fiscal year, the Administrator shall publish a report regarding prime 
contracts with the Federal Government awarded to business concerns that 
were identified as small business concerns for the purposes of 
achieving the small business contracting goals of the Federal 
Government during the previous fiscal year.
    (b) Contents.--
            (1) In general.--Each report under subsection (a) shall, 
        for the fiscal year before the year in which that report is 
        published, include--
                    (A) the name of each small business concern, small 
                business concern owned and controlled by socially and 
                economically disadvantaged individuals, small business 
                concern owned and controlled by women, small business 
                concern owned and controlled by veterans, and small 
                business concern owned and controlled by service-
                disabled veterans that was awarded a prime contract 
                with the Federal Government; and
                    (B) for each small business concern described in 
                subparagraph (A), the total dollar amount of prime 
                contracts with the Federal Government awarded to that 
                small business concern in descending order.
            (2) Parent companies.--If a small business concern 
        described in paragraph (1)(A) has a parent company, the 
        Administrator shall report information relating to any prime 
        contract with the Federal Government of that small business 
        concern under the name of that parent company.
    (c) Availability.--The Administrator shall make each report under 
subsection (a) available on the Web site of the Administration in a 
manner that is easily accessible by members of the public.

SEC. 1307. LIST OF CONTRACTORS.

    (a) In General.--Each Federal department and agency shall publish 
on the Web site of that department or agency a list of each business 
concern that received a contract award because that business concern 
was identified as a small business concern.
    (b) List Contents.--A list published under subsection (a) shall--
            (1) list business concerns in the order of the total amount 
        in dollars of contracts between the Federal Government and that 
        business concern, beginning with the largest total value;
            (2) include the total amount in dollars of contracts 
        between the Federal Government and each business concern on 
        such list; and
            (3) include the name of any parent company of a business 
        concern on such list.

SEC. 1308. CONTRACTING DATABASES.

    The Administrator shall, by regulation, establish procedures to 
ensure that the Central Contractor Registration database and any 
successor database provide an adequate warning regarding criminal 
penalties established under section 16(d) of the Small Business Act (15 
U.S.C. 645(d)) for misrepresenting the status of a business concern or 
person in order to obtain certain contracts with the Federal 
Government.

SEC. 1309. ENFORCEMENT.

    (a) Complaints.--
            (1) In general.--Any person may file a complaint with the 
        Administrator and the head of the affected department or agency 
        about the classification of a business concern as a small 
        business concern and the Administrator and the head of the 
        affected department or agency shall resolve any complaint filed 
        under this paragraph in a timely manner.
            (2) Reports.--The Administrator shall annually submit to 
        Congress a report describing any complaints described in 
        paragraph (1) that were filed during the relevant year and the 
        resolution of any such complaint.
    (b) Debarment.--The head of each Federal department or agency shall 
issue or amend the contracting rules and regulations for that 
department or agency to ensure that a business concern shall be 
debarred from receiving a Federal contract for a period of not less 
than 5 years if that business concern--
            (1) fraudulently represents that it is a small business 
        concern as part of a bid for a small business contract with 
        that department or agency; or
            (2) violates this subtitle or an amendment made by this 
        subtitle.

    Subtitle D--National Infrastructure Development Bank Act of 2011

SEC. 1401. SHORT TITLE.

    This subtitle may be cited as the ``National Infrastructure 
Development Bank Act of 2011''.

SEC. 1402. FINDINGS.

    Congress finds the following:
            (1) According to the American Society of Civil Engineers, 
        the current condition of the infrastructure in the United 
        States earns a grade point average of D, and an estimated 
        $2,200,000,000,000 investment is needed over the next 5 years 
        to meet adequate conditions.
            (2) According to the National Surface Transportation Policy 
        and Revenue Study Commission, $225,000,000,000 is needed 
        annually from all sources for the next 50 years to upgrade our 
        surface transportation system to a state of good repair and 
        create a more advanced system.
            (3) The Environmental Protection Agency projects that--
                    (A) $334,000,000,000 is needed to invest in 
                infrastructure improvements over 20 years to ensure the 
                provision of safe water; and
                    (B) $202,500,000,000 is needed for publicly owned 
                wastewater systems-related infrastructure needs over 20 
                years.
            (4) According to the Edison Electric Institute, the 
        electric power industry will need to invest $298,000,000,000 in 
        the Nation's transmission system by 2030 in order to maintain 
        reliable service.
            (5) According to the American Council on Renewable Energy, 
        renewable energy could provide up to 635 gigawatts of new 
        electricity generating capacity by 2025, a substantial 
        contribution and potentially more than the Nation's need for 
        new capacity, according to the United States Energy Information 
        Administration.
            (6) According to the United States Green Building Council, 
        United States buildings account for nearly 39 percent of 
        primary energy use and 38 percent of carbon emissions.
            (7) According to the Organization for Economic Cooperation 
        and Development (OECD), the United States ranks 14th among OECD 
        nations in broadband access per 100 inhabitants.
            (8) Although grant programs of the Government must continue 
        to play a central role in financing the transportation, 
        environment, energy, and telecommunications infrastructure 
        needs of the United States, current and foreseeable demands on 
        existing Federal, State, and local funding for infrastructure 
        expansion exceed the resources to support these programs by 
        margins wide enough to prompt serious concerns about the United 
        States' ability to sustain long-term economic development, 
        productivity, and international competitiveness.
            (9) The capital markets, including central banks, pension 
        funds, financial institutions, sovereign wealth funds, and 
        insurance companies, have a growing interest in infrastructure 
        investment. The establishment of a United States Government-
        owned institution that would provide this investment 
        opportunity through high-quality bond issues that would be used 
        to finance qualifying infrastructure projects would attract 
        needed capital for United States infrastructure development.

SEC. 1403. DEFINITIONS.

    For purposes of this subtitle, the following definitions apply 
unless the context requires otherwise:
            (1) Bank.--The term ``Bank'' means the National 
        Infrastructure Development Bank established under section 
        1404(a).
            (2) Board.--The term ``Board'' means the National 
        Infrastructure Development Bank Board.
            (3) Chief asset and liability management officer.--The term 
        ``chief asset and liability management officer'' means the 
        chief individual responsible for coordinating the management of 
        assets and liabilities of the Bank.
            (4) Chief compliance officer.--The term ``chief compliance 
        officer or CCO'' means the chief individual responsible for 
        overseeing and managing the compliance and regulatory affairs 
        issues of the Bank.
            (5) Chief financial officer.--The term ``chief financial 
        officer or CFO'' means the chief individual responsible for 
        managing the financial risks, planning, and reporting of the 
        Bank.
            (6) Chief loan origination officer.--The term ``chief loan 
        origination officer'' means the chief individual responsible 
        for the processing of new loans provided by the Bank.
            (7) Chief operations officer.--The term ``chief operations 
        officer or COO'' means the chief individual responsible for 
        information technology and the day to day operations of the 
        Bank.
            (8) Chief risk officer.--The term ``chief risk officer or 
        CRO'' means the chief individual responsible for managing 
        operational and compliance-related risks of the Bank.
            (9) Chief treasury officer.--The term ``chief treasury 
        officer'' means the chief individual responsible for managing 
        the Bank's treasury operations.
            (10) Development.--The terms ``development'' and 
        ``develop'' mean, with respect to an infrastructure project, 
        any--
                    (A) preconstruction planning, feasibility review, 
                permitting, design work, and other preconstruction 
                activities; and
                    (B) construction, reconstruction, rehabilitation, 
                replacement, or expansion.
            (11) Disadvantaged community.--The term ``disadvantaged 
        community'' means a community with a median household income of 
        less than 80 percent of the statewide median household income 
        for the State in which the community is located.
            (12) Energy infrastructure project.--The term ``energy 
        infrastructure project'' means any project for energy 
        transmission, energy efficiency enhancement for buildings, 
        public housing, and schools, renewable energy, and energy 
        storage.
            (13) Entity.--The term ``entity'' means an individual, 
        corporation, partnership (including a public-private 
        partnership), joint venture, trust, and a State or other 
        governmental entity, including a political subdivision or any 
        other instrumentality of a State or a revolving fund.
            (14) Environmental infrastructure project.--The term 
        ``environmental infrastructure project'' means any project for 
        the establishment, maintenance, or enhancement of any drinking 
        water and wastewater treatment facility, storm water management 
        system, dam, levee, open space management system, solid waste 
        disposal facility, hazardous waste facility, or industrial site 
        cleanup.
            (15) Executive director.--The term ``executive director'' 
        means the individual serving as the chief executive officer of 
        the Bank.
            (16) General counsel.--The term ``general counsel'' means 
        the individual who serves as the chief lawyer for the Bank.
            (17) Infrastructure project.--The term ``infrastructure 
        project'' means any energy, environmental, telecommunications, 
        or transportation infrastructure project.
            (18) Public benefit bond.--The term ``public benefit bond'' 
        means a bond issued with respect to an infrastructure project 
        in accordance with this subtitle if--
                    (A) the net spendable proceeds from the sale of the 
                issue may be used for expenditures incurred after the 
                date of issuance with respect to the project, subject 
                to the rules of the Bank;
                    (B) the bond issued by the Bank is in registered 
                form and meets the requirements of this subtitle and 
                otherwise applicable law; and
                    (C) the payment of principal with respect to the 
                bond is the obligation of the Bank.
            (19) Public-private partnership.--The term ``public-private 
        partnership'' means any entity--
                    (A)(i) which is undertaking the development of all 
                or part of an infrastructure project, which will have a 
                public benefit, pursuant to requirements established in 
                one or more contracts between the entity and a State or 
                an instrumentality of a State; or
                    (ii) the activities of which, with respect to such 
                an infrastructure project, are subject to regulation by 
                a State or any instrumentality of a State; and
                    (B) which owns, leases, or operates, or will own, 
                lease, or operate, the project in whole or in part, and 
                at least one of the participants in the entity is a 
                nongovernmental entity.
            (20) Revolving fund.--The term ``revolving fund'' means a 
        fund or program established by a State or a political 
        subdivision or other instrumentality of a State, the principal 
        activity of which is to make loans, commitments, or other 
        financial accommodation available for the development of one or 
        more categories of infrastructure projects.
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury or the designee of the Secretary.
            (22) Smart grid.--The term ``smart grid'' means a system 
        that provides for any of the smart grid functions set forth in 
        section 1306(d) of the Energy Independence and Security Act of 
        2007 (42 U.S.C. 17386(d)).
            (23) State.--The term ``State'' includes the District of 
        Columbia, Puerto Rico, Guam, American Samoa, the Virgin 
        Islands, the Commonwealth of Northern Mariana Islands, and any 
        other territory of the United States.
            (24) Telecommunications infrastructure project.--The term 
        ``telecommunications infrastructure project'' means any project 
        involving infrastructure required to provide communications by 
        wire or radio.
            (25) Transportation infrastructure project.--The term 
        ``transportation infrastructure project'' means any project for 
        the construction, maintenance, or enhancement of highways, 
        roads, bridges, transit and intermodal systems, inland 
        waterways, commercial ports, airports, high speed rail and 
        freight rail systems.

SEC. 1404. ESTABLISHMENT OF NATIONAL INFRASTRUCTURE DEVELOPMENT BANK.

    (a) Establishment of National Infrastructure Development Bank.--The 
National Infrastructure Development Bank is established as a wholly 
owned Government corporation subject to chapter 91 of title 31, United 
States Code (commonly known as the ``Government Corporation Control 
Act''), except as otherwise provided in this subtitle.
    (b) Responsibility of the Secretary.--The Secretary shall take such 
action as may be necessary to assist in implementing the establishment 
of the bank in accordance with this subtitle.
    (c) Conforming Amendment.--Section 9101(3) of title 31, United 
States Code, is amended by inserting after subparagraph (N) the 
following:
                    ``(O) the National Infrastructure Development 
                Bank.''.

SEC. 1405. BOARD OF DIRECTORS.

    (a) In General.--The Bank shall have a Board of Directors 
consisting of 5 members appointed by the President by and with the 
advice and consent of the Senate.
    (b) Qualifications.--The directors of the Board shall include 
individuals representing different regions of the United States and--
            (1) 2 of the directors shall have public sector experience; 
        and
            (2) 3 of the directors shall have private sector 
        experience.
    (c) Chairperson and Vice Chairperson.--As designated at the time of 
appointment, one of the directors of the Board shall be designated 
chairperson of the Board by the President and one shall be designated 
as vice chairperson of the Board by the President.
    (d) Terms.--
            (1) In general.--Except as provided in paragraph (2) and 
        subsection (f), each director shall be appointed for a term of 
        6 years.
            (2) Initial staggered terms.--Of the initial members of the 
        Board--
                    (A) the chairperson and vice chairperson shall be 
                appointed for terms of 6 years;
                    (B) 1 shall be appointed for a term of 5 years;
                    (C) 1 shall be appointed for a term of 4 years; and
                    (D) 1 shall be appointed for a term of 3 years.
    (e) Date of Initial Nominations.--The initial nominations by the 
President for appointment of directors to the Board shall be made not 
later than 60 days after the date of enactment of this Act.
    (f) Vacancies.--
            (1) In general.--A vacancy on the Board shall be filled in 
        the manner in which the original appointment was made.
            (2) Appointment to replace during term.--Any director 
        appointed to fill a vacancy occurring before the expiration of 
        the term for which the director's predecessor was appointed 
        shall be appointed only for the remainder of the term.
            (3) Duration.--A director may serve after the expiration of 
        that director's term until a successor has taken office.
    (g) Quorum.--Three directors shall constitute a quorum.
    (h) Reappointment.--A director of the Board appointed by the 
President may be reappointed by the President in accordance with this 
section.
    (i) Per Diem Reimbursement.--Directors of the Board shall serve on 
a part-time basis and shall receive a per diem when engaged in the 
actual performance of Bank business, plus reasonable reimbursement for 
travel, subsistence, and other necessary expenses incurred in the 
performance of their duties.
    (j) Limitations.--A director of the Board may not participate in 
any review or decision affecting a project under consideration for 
assistance under this subtitle if the director has or is affiliated 
with a person who has an interest in such project.
    (k) Powers and Limitations of the Board.--
            (1) Powers.--In order to carry out the purposes of the Bank 
        as set forth in this subtitle, the Board shall be responsible 
        for monitoring and overseeing infrastructure projects and have 
        the following powers:
                    (A) To make senior and subordinated loans and 
                purchase senior and subordinated debt securities and 
                enter into a binding commitment to make any such loan 
                or purchase any such security, on such terms as the 
                Board may determine, in the Board's discretion, to be 
                appropriate, the proceeds of which are used to assist 
                in the financing or refinancing of the development of 
                one or more infrastructure projects.
                    (B) To issue and sell debt securities of the Bank 
                on such terms as the Board shall determine from time to 
                time.
                    (C) To issue public benefit bonds and to provide 
                financing to infrastructure projects from amounts made 
                available from the issuance of such bonds.
                    (D) To make loan guarantees.
                    (E) To make agreements and contracts with any 
                entity in furtherance of the business of the Bank.
                    (F) To borrow on the global capital market and lend 
                to regional, State, and local entities, and commercial 
                banks for the purpose of funding infrastructure 
                projects.
                    (G) To purchase in the open market any of the 
                Bank's outstanding obligations at any time and at any 
                price.
                    (H) To monitor and oversee infrastructure projects 
                financed, in whole or in part, by the Bank.
                    (I) To acquire, lease, pledge, exchange, and 
                dispose of real and personal property and otherwise 
                exercise all the usual incidents of ownership of 
                property to the extent the exercise of such powers are 
                appropriate to and consistent with the purposes of the 
                Bank.
                    (J) To sue and be sued in the Bank's corporate 
                capacity in any court of competent jurisdiction, except 
                that no attachment, injunction, or similar process, may 
                be issued against the property of the Bank or against 
                the Bank with respect to such property.
                    (K) To indemnify the directors and officers of the 
                Bank for liabilities arising out of the actions of the 
                directors and officers in such capacity, in accordance 
                with, and subject to the limitations contained in, this 
                subtitle.
                    (L) To serve as the primary liaison between the 
                Bank, Congress, the executive branch, and State and 
                local governments and to represent the Bank's 
                interests.
                    (M) To exercise all other lawful powers which are 
                necessary or appropriate to carry out, and are 
                consistent with, the purposes of the Bank.
            (2) Limitations.--
                    (A) Issuance of debt security.--The Board may not 
                issue any debt security without the prior consent of 
                the Secretary.
                    (B) Issuance of voting security.--The Board may not 
                issue any voting security in the Bank to any entity 
                other than the Secretary.
            (3) Actions consistent with self-supporting entity 
        status.--The Board shall conduct its business in a manner 
        consistent with the requirements of this section.
            (4) Coordination with state and local regulatory 
        authority.--The provision of financial assistance by the Board 
        pursuant to this subtitle shall not be construed as--
                    (A) limiting the right of any State or political 
                subdivision or other instrumentality of a State to 
                approve or regulate rates of return on private equity 
                invested in a project; or
                    (B) otherwise superseding any State law or 
                regulation applicable to a project.
            (5) Federal personnel requests.--The Board shall have the 
        power to request the detail, on a reimbursable basis, of 
        personnel from other Federal agencies with specific expertise 
        not available from within the Bank or elsewhere. The head of 
        any Federal agency may detail, on a reimbursable basis, any 
        personnel of such agency requested by the Board and shall not 
        withhold unreasonably the detail of any personnel requested by 
        the Board.
    (l) Meetings.--
            (1) Open to the public; notice.--All meetings of the Board 
        held to conduct the business of the Bank shall be open to the 
        public and shall be preceded by reasonable notice.
            (2) Initial meeting.--The Board shall meet not later than 
        90 days after the date on which all directors of the Board are 
        first appointed and otherwise at the call of the Chairperson.
            (3) Exception for closed meetings.--Pursuant to such rules 
        as the Board may establish through their bylaws, the directors 
        may close a meeting of the Board if, at the meeting, there is 
        likely to be disclosed information which could adversely affect 
        or lead to speculation relating to an infrastructure project 
        under consideration for assistance under this subtitle or in 
        financial or securities or commodities markets or institutions, 
        utilities, or real estate. The determination to close any 
        meeting of the Board shall be made in a meeting of the Board, 
        open to the public, and preceded by reasonable notice. The 
        Board shall prepare minutes of any meeting which is closed to 
        the public and make such minutes available as soon as the 
        considerations necessitating closing such meeting no longer 
        apply.

SEC. 1406. EXECUTIVE COMMITTEE.

    (a) In General.--The Board shall have an executive committee 
consisting of 9 members, headed by the executive director of the Bank.
    (b) Executive Director.--A majority of the Board shall have the 
authority to appoint and reappoint the executive director.
    (c) CEO.--The executive director shall be the chief executive 
officer of the Bank, with such executive functions, powers, and duties 
as may be prescribed by this subtitle, the bylaws of the Bank, or the 
Board.
    (d) Other Executive Officers.--The Board shall appoint, remove, fix 
the compensation, and define duties of 8 other executive officers to 
serve on the Executive Committee as the--
            (1) chief compliance officer;
            (2) chief financial officer;
            (3) chief asset and liability management officer;
            (4) chief loan origination officer;
            (5) chief operations officer;
            (6) chief risk officer;
            (7) chief treasury officer; and
            (8) general counsel.
    (e) Qualifications.--The executive director and other executive 
officers shall have demonstrated experience and expertise in one or 
more of the following:
            (1) Transportation infrastructure.
            (2) Environmental infrastructure.
            (3) Energy infrastructure.
            (4) Telecommunications infrastructure.
            (5) Economic development.
            (6) Workforce development.
            (7) Public health.
            (8) Private or public finance.
    (f) Duties.--In order to carry out the purposes of the Bank as set 
forth in this subtitle, the executive committee shall--
            (1) establish disclosure and application procedures for 
        entities nominating projects for assistance under this 
        subtitle;
            (2) accept, for consideration, project proposals relating 
        to the development of infrastructure projects, which meet the 
        basic criteria established by the Board, and which are 
        submitted by an entity;
            (3) provide recommendations to the Board and place project 
        proposals accepted by the executive committee on a list for 
        consideration for financial assistance from the Board; and
            (4) provide technical assistance to entities receiving 
        financing from the Bank and otherwise implement decisions of 
        the Board.
    (g) Vacancy.--A vacancy in the position of executive director shall 
be filled in the manner in which the original appointment was made.
    (h) Compensation.--The compensation of the executive director and 
other executive officers of the executive committee shall be determined 
by the Board.
    (i) Removal.--The executive director and other executive officers 
may be removed at the discretion of a majority of the Board.
    (j) Term.--The executive director and other executive officers 
shall serve a 6-year term and may be reappointed in accordance with 
this section.
    (k) Limitations.--The executive director and other executive 
officers shall not--
            (1) hold any other public office;
            (2) have any interest in an infrastructure project 
        considered by the Board;
            (3) have any interest in an investment institution, 
        commercial bank, or other entity seeking financial assistance 
        for any infrastructure project from the Bank; and
            (4) have any such interest during the 2-year period 
        beginning on the date such officer ceases to serve in such 
        capacity.

SEC. 1407. RISK MANAGEMENT COMMITTEE.

    (a) Establishment of Risk Management Committee.--The Bank shall 
establish a risk management committee consisting of 5 members, headed 
by the chief risk officer.
    (b) Appointments.--A majority of the Board shall have the authority 
to appoint and reappoint the CRO of the Bank.
    (c) Functions; Duties.--
            (1) In general.--The CRO shall have such functions, powers, 
        and duties as may be prescribed by one or more of the 
        following: This subtitle, the bylaws of the Bank, and the 
        Board. The CRO shall report directly to the Board.
            (2) Risk management duties.--In order to carry out the 
        purposes of this subtitle, the risk management committee 
        shall--
                    (A) create financial, credit, and operational risk 
                management guidelines and policies to be adhered to by 
                the Bank;
                    (B) set guidelines to ensure diversification of 
                lending activities by both region and infrastructure 
                project type;
                    (C) create conforming standards for infrastructure 
                finance securities;
                    (D) monitor financial, credit and operational 
                exposure of the Bank; and
                    (E) provide financial recommendations to the Board.
    (d) Other Risk Management Officers.--The Board shall appoint, 
remove, fix the compensation, and define the duties of 4 other risk 
management officers to serve on the risk management committee.
    (e) Qualifications.--The CRO and other risk management officers 
shall have demonstrated experience and expertise in one or more of the 
following:
            (1) Treasury and asset and liability management.
            (2) Investment regulations.
            (3) Insurance.
            (4) Credit risk management and credit evaluations.
            (5) Related disciplines.
    (f) Vacancy.--A vacancy in the position of CRO or any other risk 
management officer shall be filled in the manner in which the original 
appointment was made.
    (g) Compensation.--The compensation of the CRO and other risk 
management officers shall be determined by the Board.
    (h) Removal.--The CRO and any other risk management officers may be 
removed at the discretion of a majority of the Board.
    (i) Term.--The CRO and other risk management officers shall serve a 
6-year term and may be reappointed in accordance with this section.
    (j) Limitations.--The CRO and other risk management officers shall 
not--
            (1) hold any other public office;
            (2) have any interest in an infrastructure project 
        considered by the Board;
            (3) have any interest in an investment institution, 
        commercial bank, or other entity seeking financial assistance 
        for any infrastructure project from the Bank; and
            (4) have any such interest during the 2-year period 
        beginning on the date such officer ceases to serve in such 
        capacity.

SEC. 1408. AUDIT COMMITTEE.

    (a) In General.--The Bank shall have an audit committee consisting 
of 5 members, headed by the chief compliance officer of the Bank.
    (b) Appointments.--A majority of the Board shall have the authority 
to appoint and reappoint the CCO of the Bank.
    (c) Functions; Duties.--The CCO shall have such functions, powers, 
and duties as may be prescribed by one or more of the following: This 
subtitle, the bylaws of the Bank, and the Board. The CCO shall report 
directly to the Board.
    (d) Audit Duties.--In order to carry out the purposes of the Bank 
under this subtitle, the audit committee shall--
            (1) provide internal controls and internal auditing 
        activities for the Bank;
            (2) maintain responsibility for the accounting activities 
        of the Bank;
            (3) issue financial reports of the Bank; and
            (4) complete reports with outside auditors and public 
        accountants appointed by the Board.
    (e) Other Audit Officers.--The Board shall appoint, remove, fix the 
compensation, and define the duties of 4 other audit officers to serve 
on the audit committee.
    (f) Qualifications.--The CCO and other audit officers shall have 
demonstrated experience and expertise in one or more of the following:
            (1) Internal auditing.
            (2) Internal investigations.
            (3) Accounting practices.
            (4) Financing practices.
    (g) Vacancy.--A vacancy in the position of CCO or any other audit 
officer shall be filled in the manner in which the original appointment 
was made.
    (h) Compensation.--The compensation of the CCO and other audit 
officers shall be determined by the Board.
    (i) Removal.--The CCO and other audit officers may be removed at 
the discretion of a majority of the Board.
    (j) Term.--The CCO and other audit officers shall serve a 6-year 
term and may be reappointed in accordance with this section.
    (k) Limitations.--The CCO and other audit officers shall not--
            (1) hold any other public office;
            (2) have any interest in an infrastructure project 
        considered by the Board;
            (3) have any interest in an investment institution, 
        commercial bank, or other entity seeking financial assistance 
        for any infrastructure project from the Bank; and
            (4) have any such interest during the 2-year period 
        beginning on the date such officer ceases to serve in such 
        capacity.

SEC. 1409. PERSONNEL.

    The chairperson of the Board, executive director, chief risk 
officer, and chief compliance officer shall appoint, remove, fix the 
compensation of, and define the duties of such qualified personnel to 
serve under the Board, executive committee, risk management committee, 
or audit committee, as the case may be, as necessary and prescribed by 
one or more of the following: This subtitle, the bylaws of the Bank, 
and the Board.

SEC. 1410. ELIGIBILITY CRITERIA FOR ASSISTANCE FROM BANK.

    (a) In General.--No financial assistance shall be available under 
this subtitle from the Bank unless the applicant for such assistance 
has demonstrated to the satisfaction of the Board that the project for 
which such assistance is being sought meets--
            (1) the requirements of this subtitle; and
            (2) any criteria established in accordance with this 
        subtitle by the Board.
    (b) Establishment of Project Criteria.--
            (1) In general.--Consistent with the requirements of 
        subsections (c) and (d), the Board shall establish--
                    (A) criteria for determining eligibility for 
                financial assistance under this subtitle;
                    (B) disclosure and application procedures to be 
                followed by entities to nominate projects for 
                assistance under this subtitle; and
                    (C) such other criteria as the Board may consider 
                to be appropriate for purposes of carrying out this 
                subtitle.
            (2) Factors to be taken into account.--
                    (A) In general.--The Bank shall conduct an analysis 
                that takes into account the economic, environmental, 
                social benefits, and costs of each project under 
                consideration for financial assistance under this 
                subtitle, prioritizing projects that contribute to 
                economic growth, lead to job creation, and are of 
                regional or national significance.
                    (B) Criteria.--The criteria established pursuant to 
                paragraph (1)(A) shall provide for the consideration of 
                the following factors in considering eligibility for 
                financial assistance under this subtitle:
                            (i) The means by which development of the 
                        infrastructure project under consideration is 
                        being financed, including--
                                    (I) the terms and conditions and 
                                financial structure of the proposed 
                                financing;
                                    (II) the financial assumptions and 
                                projections on which the project is 
                                based; and
                                    (III) the extent to which the 
                                infrastructure project maximizes 
                                investment from other sources.
                            (ii) The likelihood that the provision of 
                        assistance by the Bank will cause such 
                        development to proceed more promptly and with 
                        lower costs for financing than would be the 
                        case without such assistance.
                            (iii) The extent to which the provision of 
                        assistance by the Bank maximizes the level of 
                        private investment in the infrastructure 
                        project while providing a public benefit.
    (c) Factors for Specific Types of Projects.--
            (1) Transportation infrastructure projects.--For any 
        transportation infrastructure project, the Board shall consider 
        the following:
                    (A) Job creation, including workforce development 
                for women and minorities, responsible employment 
                practices, and quality job training opportunities.
                    (B) Reduction in carbon emissions.
                    (C) Reduction in surface and air traffic 
                congestion.
                    (D) Poverty and inequality reduction through 
                targeted training and employment opportunities for low-
                income workers.
                    (E) Use of smart tolling, such as vehicle miles 
                traveled and congestion pricing, for highway, road, and 
                bridge projects.
                    (F) Public health benefits.
            (2) Environmental infrastructure project.--For any 
        environmental infrastructure project, the Board shall consider 
        the following:
                    (A) Public health benefits.
                    (B) Pollution reductions.
                    (C) Job creation, including workforce development 
                for women and minorities, responsible employment 
                practices, and quality job training opportunities.
                    (D) Poverty and inequality reduction through 
                targeted training and employment opportunities for low-
                income workers.
            (3) Energy infrastructure project.--For any energy 
        infrastructure project, the Board shall consider the following:
                    (A) Job creation, including workforce development 
                for women and minorities, responsible employment 
                practices, and quality job training opportunities.
                    (B) Poverty and inequality reduction through 
                targeted training and employment opportunities for low-
                income workers.
                    (C) Reduction in carbon emissions.
                    (D) Expanded use of renewable energy.
                    (E) Development of a smart grid.
                    (F) Energy efficient building, housing, and school 
                modernization.
                    (G) In any case in which the project is also a 
                public housing project--
                            (i) improvement of the physical shape and 
                        layout;
                            (ii) environmental improvement; and
                            (iii) mobility improvements for residents.
                    (H) Public health benefits.
            (4) Telecommunications.--For any telecommunications 
        project, the Board shall consider the following:
                    (A) The extent to which assistance expands or 
                improves broadband and wireless services in rural and 
                disadvantaged communities.
                    (B) Poverty and inequality reduction through 
                targeted training and employment opportunities for low-
                income workers.
                    (C) Job creation, including work force development 
                for women and minorities, responsible employment 
                practices, and quality job training opportunities.
    (d) Consideration of Project Proposals.--
            (1) Participation by other agency personnel.--Consideration 
        of projects by the executive committee and the Board shall be 
        conducted with personnel on detail to the Bank from relevant 
        Federal agencies from among individuals who are familiar with 
        and experienced in the selection criteria for competitive 
        projects.
            (2) Fees.--A fee may be charged for the review of any 
        project proposal in such amount as maybe considered appropriate 
        by the executive committee to cover the cost of such review.
    (e) Discretion of Board.--Consistent with other provisions of this 
subtitle, any determination of the Board to provide assistance to any 
project, and the manner in which such assistance is provided, including 
the terms, conditions, fees, and charges shall be at the sole 
discretion of the Board.
    (f) State and Local Permits Required.--The provision of assistance 
by the Board in accordance with this subtitle shall not be deemed to 
relieve any recipient of assistance or the related project of any 
obligation to obtain required State and local permits and approvals.
    (g) Annual Report.--An entity receiving assistance from the Board 
shall make annual reports to the Board on the use of any such 
assistance, compliance with the criteria set forth in this section, and 
a disclosure of all entities with a development, ownership, or 
operational interest in a project assisted or proposed to be assisted 
under this subtitle.

SEC. 1411. EXEMPTION FROM LOCAL TAXATION.

    All notes, debentures, bonds or other such obligations issued by 
the Bank, and the interest on or credits with respect to such bonds or 
other obligations, shall not be subject to taxation by any State, 
county, municipality, or local taxing authority.

SEC. 1412. STATUS AND APPLICABILITY OF CERTAIN FEDERAL LAWS; NO FULL 
              FAITH AND CREDIT.

    (a) Budgeting and Auditors Practices.--The Bank shall comply with 
all Federal laws regulating the budgetary and auditing practices of a 
government corporation, except as otherwise provided in this subtitle.
    (b) No Full Faith and Credit of the United States.--Obligations of 
the Bank shall not be obligations of, or guaranteed as to principal or 
interest by, the United States or any agency of the United States and 
the obligations shall so plainly state.
    (c) Effect of and Exemptions From Other Laws.--
            (1) Exempt securities.--All debt securities and other 
        obligations issued by the Bank pursuant to this subtitle shall 
        be deemed to be exempt securities within the meaning of laws 
        administered by the Securities and Exchange Commission to the 
        same extent as securities which are direct obligations of, or 
        obligations fully guaranteed as to principal or interest by, 
        the United States.
            (2) Open market operations and state tax exempt status.--
        The obligations of the Bank shall be deemed to be obligations 
        of the United States for the purposes of the provision 
        designated as (b)(2) of the 2nd undesignated paragraph of 
        section 14 of the Federal Reserve Act (12 U.S.C. 355) and 
        section 3124 of title 31, United States Code.
            (3) No priority as a federal claim.--The priority 
        established in favor of the United States by section 3713 of 
        title 31, United States Code, shall not apply with respect to 
        any indebtedness of the Bank.
    (d) Federal Reserve Banks as Depositories, Custodians, and Fiscal 
Agents.--The Federal reserve banks may act as depositories for, or 
custodians or fiscal agents of, the Bank.
    (e) Access to Book-Entry System.--The Secretary may authorize the 
Bank to use the book-entry system of the Federal reserve system.

SEC. 1413. COMPLIANCE WITH DAVIS-BACON ACT.

    All laborers and mechanics employed by contractors and 
subcontractors on projects funded directly by or assisted in whole or 
in part by and through the Bank pursuant to this subtitle shall be paid 
wages at rates not less than those prevailing on projects of a 
character similar in the locality as determined by the Secretary of 
Labor in accordance with subchapter IV of chapter 31 of part A of title 
40, United States Code. With respect to the labor standards specified 
in this section, the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States 
Code.

SEC. 1414. APPLICABILITY OF CERTAIN STATE LAWS.

    The receipt by any entity of any assistance under this subtitle, 
directly or indirectly, and any financial assistance provided by any 
governmental entity in connection with such assistance under this 
subtitle shall be valid and lawful notwithstanding any State or local 
restrictions regarding extensions of credit or other benefits to 
private persons or entities, or other similar restrictions.

SEC. 1415. AUDITS; REPORTS TO PRESIDENT AND CONGRESS.

    (a) Accounting.--The books of account of the Bank shall be 
maintained in accordance with generally accepted accounting principles 
and shall be subject to an annual audit by independent public 
accountants appointed by the Board and of nationally recognized 
standing.
    (b) Reports.--
            (1) Board.--The Board shall submit to the President and 
        Congress, within 90 days after the last day of each fiscal 
        year, a complete and detailed report with respect to the 
        preceding fiscal year, setting forth--
                    (A) a summary of the Bank's operations, for such 
                preceding fiscal year;
                    (B) a schedule of the Bank's obligations and 
                capital securities outstanding at the end of such 
                preceding fiscal year, with a statement of the amounts 
                issued and redeemed or paid during such preceding 
                fiscal year; and
                    (C) the status of projects receiving funding or 
                other assistance pursuant to this subtitle, including 
                disclosure of all entities with a development, 
                ownership, or operational interest in such projects.
            (2) GAO.--Not later than 5 years after the date of 
        enactment of this subtitle, the Comptroller General of the 
        United States shall submit to Congress a report evaluating 
        activities of the Bank for the fiscal years covered by the 
        report that includes an assessment of the impact and benefits 
        of each funded project, including a review of how effectively 
        each project accomplished the goals prioritized by the Bank's 
        project criteria.
    (c) Books and Records.--
            (1) In general.--The Bank shall maintain adequate books and 
        records to support the financial transactions of the Bank with 
        a description of financial transactions and infrastructure 
        projects receiving funding, and the amount of funding for each 
        project maintained on a publically accessible database.
            (2) Audits by the secretary and gao.--The books and records 
        of the Bank shall be maintained in accordance with recommended 
        accounting practices and shall be open to inspection by the 
        Secretary and the Comptroller General of the United States.

SEC. 1416. CAPITALIZATION OF BANK.

    (a) Authorization of Appropriation.--There is authorized to be 
appropriated to the Secretary for purchase of the shares of the Bank 
$5,000,000,000 for each of fiscal years 2012, 2013, 2014, 2015, and 
2016 with the aggregate representing 10 percent of the total subscribed 
capital of the Bank.
    (b) Callable Capital.--Of the total subscribed capital of the Bank, 
90 percent shall be callable capital subject to call from the Secretary 
only as and when required by the Bank to meet its obligations on 
borrowing of funds for inclusion in its ordinary capital resources or 
guarantees chargeable to such resources.
    (c) Outstanding Loans.--At any time, the aggregate amount 
outstanding of bonds issued by the Bank shall not exceed 250 percent of 
its total subscribed capital.

SEC. 1417. SUNSET.

    The Bank shall cease to exist 15 years after the date of enactment 
of this subtitle.

              Subtitle E--Wounded Veteran Job Security Act

SEC. 1501. SHORT TITLE.

    This subtitle may be cited as the ``Wounded Veteran Job Security 
Act''.

SEC. 1502. EXPANSION OF DEFINITION OF SERVICE IN UNIFORMED SERVICES FOR 
              PURPOSES OF USERRA.

    Section 4303(13) of title 38, United States Code, is amended to 
read as follows:
            ``(13) The term `service in the uniformed services' means 
        the performance of duty on a voluntary or involuntary basis in 
        a uniformed service under competent authority and includes 
        active duty, active duty for training, initial active duty for 
        training, inactive duty training, full-time National Guard 
        duty, a period for which a person is absent from a position of 
        employment for the purpose of an examination to determine the 
        fitness of the person to perform any such duty, a period for 
        which a person is absent from employment for the purpose of 
        performing funeral honors duty as authorized by section 12503 
        of title 10 or section 115 of title 32, and a period for which 
        a person is absent from a position of employment for the 
        purpose of obtaining medical treatment for an injury or illness 
        recognized by the Secretary of Veterans Affairs as a service-
        connected, or for which a `line of duty' document has been 
        granted by the Secretary of Defense.''.

SEC. 1503. DOCUMENTATION OF TREATMENT FOR PURPOSES OF REEMPLOYMENT 
              UNDER USERRA.

    Section 4312(f) of such title is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5);
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) A person who submits an application for reemployment due to 
an absence for the purpose of obtaining medical treatment for an injury 
or illness referred to in section 4303(13) of this title shall provide 
to the person's employer (upon the request of such employer) 
documentation to establish the individual's eligibility for 
reemployment on that basis. Such an application shall include 
sufficient documentation to establish a link between the injury or 
illness and the medical treatment the person obtained.'';
            (3) in paragraph (3), as so redesignated, by striking 
        ``paragraph (1)'' and inserting ``paragraph (1) or paragraph 
        (2)''; and
            (4) in paragraph (4)(A), as so redesignated--
                    (A) by striking ``paragraph (2)'' and inserting 
                ``paragraph (3)''; and
                    (B) by striking ``paragraph (1)'' and inserting 
                ``paragraph (1) or should be deemed ineligible for 
                reemployment on the grounds of paragraph (2)''.

SEC. 1504. NOTIFICATION OF EMPLOYER OF INTENT TO RETURN TO A POSITION 
              OF EMPLOYMENT.

    Section 4312(e)(1)(A) of such title is amended by inserting after 
``31 days'' the following: ``or a person who was absent from a position 
of employment for the purpose of obtaining medical treatment for an 
injury or illness recognized by the Secretary of Veterans Affairs as a 
service-connected, or for which a `line of duty' document has been 
granted by the Secretary of Defense''.

SEC. 1505. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect on the date 
that is 90 days after the date of the enactment of this subtitle.

 Subtitle F--Emergency Unemployment Compensation Extension Act of 2011

SEC. 1601. SHORT TITLE.

    This subtitle may be cited as the ``Emergency Unemployment 
Compensation Extension Act of 2011''.

SEC. 1602. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.

    (a) In General.--Section 4007 of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
            (1) by striking ``January 3, 2012'' each place it appears 
        and inserting ``January 3, 2013'';
            (2) in the heading for subsection (b)(2), by striking 
        ``january 3, 2012'' and inserting ``January 3, 2013''; and
            (3) in subsection (b)(3), by striking ``June 9, 2012'' and 
        inserting ``June 8, 2013''.
    (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end; 
        and
            (2) by inserting after subparagraph (G) the following:
                    ``(H) the amendments made by section 1602(a) of the 
                Emergency Unemployment Compensation Extension Act of 
                2011; and''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Tax Relief, Unemployment 
Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 
111-312; 26 U.S.C. 3304 note).

SEC. 1603. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS.

    (a) In General.--Section 2005 of the Assistance for Unemployed 
Workers and Struggling Families Act, as contained in Public Law 111-5 
(26 U.S.C. 3304 note), is amended--
            (1) by striking ``January 4, 2012'' each place it appears 
        and inserting ``January 4, 2013''; and
            (2) in subsection (c), by striking ``June 11, 2012'' and 
        inserting ``June 11, 2013''.
    (b) Extension of Matching for States With No Waiting Week.--Section 
5 of the Unemployment Compensation Extension Act of 2008 (Public Law 
110-449; 26 U.S.C. 3304 note) is amended by striking ``June 10, 2012'' 
and inserting ``June 9, 2013''.
    (c) Extension of Modification of Indicators Under the Extended 
Benefit Program.--Section 203 of the Federal-State Extended 
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is 
amended--
            (1) in subsection (d), by striking ``December 31, 2011'' 
        and inserting ``December 31, 2012''; and
            (2) in subsection (f)(2), by striking ``December 31, 2011'' 
        and inserting ``December 31, 2012''.
    (d) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Tax Relief, Unemployment 
Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 
111-312; 26 U.S.C. 3304 note).

 Subtitle G--Emergency Unemployment Compensation Expansion Act of 2011

SEC. 1701. SHORT TITLE.

    This subtitle may be cited as the ``Emergency Unemployment 
Compensation Expansion Act of 2011''.

SEC. 1702. ADDITIONAL FIRST-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.

    (a) In General.--Section 4002(b)(1) of the Supplemental 
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is 
amended--
            (1) in subparagraph (A), by striking ``80'' and inserting 
        ``131''; and
            (2) in subparagraph (B), by striking ``20'' and inserting 
        ``34''.
    (b) Coordination Rule.--Section 4002(f) of such Act is amended by 
adding at the end the following:
            ``(3) Rules relating to additional weeks of first-tier 
        emergency unemployment compensation.--
                    ``(A) In general.--If a State determines that 
                implementation of the increased entitlement to first-
                tier emergency unemployment compensation by reason of 
                the amendments made by section 1702(a) of the Emergency 
                Unemployment Compensation Expansion Act of 2011 would 
                unduly delay the prompt payment of emergency 
                unemployment compensation under this title, such State 
                may elect to pay second-tier, third-tier, or fourth-
                tier emergency unemployment compensation (or a 
                combination of those tiers) prior to the payment of 
                such increased first-tier emergency unemployment 
                compensation until such time as such State determines 
                that such increased first-tier emergency unemployment 
                compensation may be paid without undue delay.
                    ``(B) Special rules.--If a State makes an election 
                under subparagraph (A) which results in--
                            ``(i) the payment of second-tier (but not 
                        third-tier) emergency unemployment compensation 
                        prior to the payment of increased first-tier 
                        emergency unemployment compensation, then, for 
                        purposes of determining whether an account may 
                        be augmented for third-tier emergency 
                        unemployment compensation under subsection (d), 
                        such State shall treat the date of exhaustion 
                        of such increased first-tier emergency 
                        unemployment compensation as the date of 
                        exhaustion of second-tier emergency 
                        unemployment compensation, if such date is 
                        later than the date of exhaustion of the 
                        second-tier emergency unemployment 
                        compensation; or
                            ``(ii) the payment of third-tier emergency 
                        unemployment compensation prior to the payment 
                        of increased first-tier emergency unemployment 
                        compensation, then, for purposes of determining 
                        whether an account may be augmented for fourth-
                        tier emergency unemployment compensation under 
                        subsection (e), such State shall treat the date 
                        of exhaustion of such increased first-tier 
                        emergency unemployment compensation as the date 
                        of exhaustion of third-tier emergency 
                        unemployment compensation, if such date is 
                        later than the date of exhaustion of the third-
                        tier emergency unemployment compensation.
            ``(4) Coordination of modifications (relating to additional 
        first-tier emergency unemployment compensation) with extended 
        compensation.--Notwithstanding an election under section 
        4001(e) by a State to provide for the payment of emergency 
        unemployment compensation prior to extended compensation, such 
        State may pay extended compensation to an otherwise eligible 
        individual prior to any additional emergency unemployment 
        compensation under subsection (b) (payable by reason of the 
        amendments made by section 1702(a) of the Emergency 
        Unemployment Compensation Expansion Act of 2011), if such 
        individual claimed extended compensation for at least 1 week of 
        unemployment after the exhaustion of emergency unemployment 
        compensation under subsection (b) (as such subsection was in 
        effect on the day before the date of the enactment of this 
        paragraph), (c), (d), or (e).''.
    (c) Funding.--Section 4004(e)(1) of such Act, as amended by section 
1602(b) of the Emergency Unemployment Compensation Extension Act of 
2011, is further amended--
            (1) in subparagraph (G), by striking ``and'' at the end; 
        and
            (2) by inserting after subparagraph (H) the following:
                    ``(I) the amendments made by section 1702(a) of the 
                Emergency Unemployment Compensation Expansion Act of 
                2011; and''.

SEC. 1703. REGULATIONS.

    The Secretary of Labor may prescribe any operating instructions or 
regulations necessary to carry out this subtitle and the amendments 
made by this subtitle.

SEC. 1704. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect as if 
included in the enactment of the Unemployment Compensation Extension 
Act of 2010 (Public Law 111-205), except that no additional first-tier 
emergency unemployment compensation shall be payable by virtue of the 
amendments made by section 1702(a) with respect to any week of 
unemployment commencing before the date of the enactment of this 
subtitle.

             Subtitle H--Currency Reform for Fair Trade Act

SEC. 1801. SHORT TITLE.

    This subtitle may be cited as the ``Currency Reform for Fair Trade 
Act''.

SEC. 1802. CLARIFICATION REGARDING DEFINITION OF COUNTERVAILABLE 
              SUBSIDY.

    (a) Benefit Conferred.--Section 771(5)(E) of the Tariff Act of 1930 
(19 U.S.C. 1677(5)(E)) is amended--
            (1) in clause (iii), by striking ``and'' at the end;
            (2) in clause (iv), by striking the period at the end and 
        inserting ``, and''; and
            (3) by inserting after clause (iv) the following new 
        clause:
                            ``(v) in the case in which the currency of 
                        a country in which the subject merchandise is 
                        produced is exchanged for foreign currency 
                        obtained from export transactions, and the 
                        currency of such country is a fundamentally 
                        undervalued currency, as defined in paragraph 
                        (37), the difference between the amount of the 
                        currency of such country provided and the 
                        amount of the currency of such country that 
                        would have been provided if the real effective 
                        exchange rate of the currency of such country 
                        were not undervalued, as determined pursuant to 
                        paragraph (38).''.
    (b) Export Subsidy.--Section 771(5A)(B) of the Tariff Act of 1930 
(19 U.S.C. 1677(5A)(B)) is amended by adding at the end the following 
new sentence: ``In the case of a subsidy relating to a fundamentally 
undervalued currency, the fact that the subsidy may also be provided in 
circumstances not involving export shall not, for that reason alone, 
mean that the subsidy cannot be considered contingent upon export 
performance.''.
    (c) Definition of Fundamentally Undervalued Currency.--Section 771 
of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the 
end the following new paragraph:
            ``(37) Fundamentally undervalued currency.--The 
        administering authority shall determine that the currency of a 
        country in which the subject merchandise is produced is a 
        `fundamentally undervalued currency' if--
                    ``(A) the government of the country (including any 
                public entity within the territory of the country) 
                engages in protracted, large-scale intervention in one 
                or more foreign exchange markets during part or all of 
                the 18-month period that represents the most recent 18 
                months for which the information required under 
                paragraph (38) is reasonably available, but that does 
                not include any period of time later than the final 
                month in the period of investigation or the period of 
                review, as applicable;
                    ``(B) the real effective exchange rate of the 
                currency is undervalued by at least 5 percent, on 
                average and as calculated under paragraph (38), 
                relative to the equilibrium real effective exchange 
                rate for the country's currency during the 18-month 
                period;
                    ``(C) during the 18-month period, the country has 
                experienced significant and persistent global current 
                account surpluses; and
                    ``(D) during the 18-month period, the foreign asset 
                reserves held by the government of the country exceed--
                            ``(i) the amount necessary to repay all 
                        debt obligations of the government falling due 
                        within the coming 12 months;
                            ``(ii) 20 percent of the country's money 
                        supply, using standard measures of M2; and
                            ``(iii) the value of the country's imports 
                        during the previous 4 months.''.
    (d) Definition of Real Effective Exchange Rate Undervaluation.--
Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677), as amended by 
subsection (c) of this section, is further amended by adding at the end 
the following new paragraph:
            ``(38) Real effective exchange rate undervaluation.--The 
        calculation of real effective exchange rate undervaluation, for 
        purposes of paragraph (5)(E)(v) and paragraph (37), shall--
                    ``(A)(i) rely upon, and where appropriate be the 
                simple average of, the results yielded from application 
                of the approaches described in the guidelines of the 
                International Monetary Fund's Consultative Group on 
                Exchange Rate Issues; or
                    ``(ii) if the guidelines of the International 
                Monetary Fund's Consultative Group on Exchange Rate 
                Issues are not available, be based on generally 
                accepted economic and econometric techniques and 
                methodologies to measure the level of undervaluation;
                    ``(B) rely upon data that are publicly available, 
                reliable, and compiled and maintained by the 
                International Monetary Fund or, if the International 
                Monetary Fund cannot provide the data, by other 
                international organizations or by national governments; 
                and
                    ``(C) use inflation-adjusted, trade-weighted 
                exchange rates.''.

SEC. 1803. REPORT ON IMPLEMENTATION OF SUBTITLE.

    (a) In General.--Not later than 9 months after the date of the 
enactment of this subtitle, the Comptroller General of the United 
States shall submit to Congress a report on the implementation of the 
amendments made by this subtitle.
    (b) Matters To Be Included.--The report required by subsection (a) 
shall include a description of the extent to which United States 
industries that have been materially injured by reason of imports of 
subject merchandise produced in foreign countries with fundamentally 
undervalued currencies have received relief under title VII of the 
Tariff Act of 1930 (19 U.S.C. 1671 et seq.), as amended by this 
subtitle.

SEC. 1804. APPLICATION TO GOODS FROM CANADA AND MEXICO.

    Pursuant to article 1902 of the North American Free Trade Agreement 
and section 408 of the North American Free Trade Agreement 
Implementation Act of 1993 (19 U.S.C. 3438), the amendments made by 
section 1802 shall apply to goods from Canada and Mexico.

           Subtitle I--Prioritize Emergency Job Creation Act

SEC. 1851. SHORT TITLE.

    This subtitle may be cited as the ``Prioritize Emergency Job 
Creation Act''.

SEC. 1852. EMERGENCY JOB CREATION.

    Section 251(b)(2) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended by adding at the end the following new 
subparagraph:
                    ``(E) Emergency job creation.--If, for fiscal years 
                2012 through 2021, appropriations for discretionary 
                accounts are enacted that Congress designates and the 
                President subsequently so designates as being for 
                emergency job creation in statute, the adjustment for a 
                fiscal year shall be the total of such appropriations 
                for the fiscal year in discretionary accounts 
                designated as being for emergency job creation.''.

          Subtitle J--Fair Employment Opportunity Act of 2011

SEC. 1901. SHORT TITLE.

    This subtitle may be cited as the ``Fair Employment Opportunity Act 
of 2011''.

SEC. 1902. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that denial of employment 
opportunities to individuals because they are or have been unemployed 
is discriminatory and burdens commerce by--
            (1) reducing personal consumption and undermining economic 
        stability and growth;
            (2) squandering human capital essential to the Nation's 
        economic vibrancy and growth;
            (3) increasing demands for State and Federal unemployment 
        insurance benefits, reducing trust fund assets, and leading to 
        higher payroll taxes for employers, cuts in benefits for 
        jobless workers, or both;
            (4) imposing additional burdens on publicly funded health 
        and welfare programs; and
            (5) depressing income, property, and other tax revenues 
        that states, localities and the Federal Government rely on to 
        support operations and institutions essential to commerce.
    (b) Purpose.--The purpose of this subtitle is to prohibit 
consideration of an individual's status as unemployed in screening for 
or filling positions except where a requirement related to employment 
status is a bona fide occupational qualification reasonably necessary 
to successful performance in the job and to eliminate the burdens 
imposed on commerce by excluding such individuals from employment.

SEC. 1903. DEFINITIONS.

    As used in this subtitle--
            (1) the term ``employer'' means any person engaged in 
        commerce or any industry or activity affecting commerce who has 
        15 or more employees for each working day in each of 20 or more 
        calendar weeks in the current or preceding calendar year, and 
        includes--
                    (A) any person who acts, directly or indirectly, in 
                the interest of an employer with respect to employing 
                individuals to work for the employer; and
                    (B) any successor in interest of an employer;
            (2) the term ``employment agency'' means any person 
        regularly undertaking with or without compensation to procure 
        employees for an employer or to procure for individuals 
        opportunities to work for an employer and includes an agent of 
        such a person, and includes any person who maintains an 
        Internet website that publishes advertisements or announcements 
        of job openings;
            (3) the term ``affected individual'' means any person who 
        was refused consideration for employment or was not hired by an 
        employer because of the person's current employment status, or 
        any person who was not considered, screened, or referred for 
        employment opportunities by an employment agency because of the 
        person's current employment status;
            (4) the term ``status as unemployed'' means an individual's 
        present or past unemployment regardless of the length of time 
        such individual was unemployed; and
            (5) the term ``Secretary'' means the Secretary of Labor.

SEC. 1904. PROHIBITED ACTS.

    (a) Employers.--It shall be an unlawful practice for an employer 
to--
            (1) refuse to consider for employment or refuse to offer 
        employment to an individual because of the individual's status 
        as unemployed;
            (2) publish in print, on the Internet, or in any other 
        medium, an advertisement or announcement for any job that 
        includes--
                    (A) any provision stating or indicating that an 
                individual's status as unemployed disqualifies the 
                individual for a job; and
                    (B) any provision stating or indicating that an 
                employer will not consider an applicant for employment 
                based on that individual's status as unemployed; and
            (3) direct or request that an employment agency take an 
        individual's status as unemployed into account in screening or 
        referring applicants for employment.
    (b) Employment Agencies.--It shall be an unlawful practice for an 
employment agency to--
            (1) refuse to consider or refer an individual for 
        employment based on the individual's status as unemployed;
            (2) limit, segregate, or classify individuals in any manner 
        that may limit their access to information about jobs or 
        referral for consideration of jobs because of their status as 
        unemployed; or
            (3) publish, in print or on the Internet or in any other 
        medium, an advertisement or announcement for any job vacancy 
        that includes--
                    (A) any provision stating or indicating that an 
                individual's status as unemployed disqualifies the 
                individual for a job; and
                    (B) any provision stating or indicating that an 
                employer will not consider individuals for employment 
                based on that individual's status as unemployed.
    (c) Interference With Rights, Proceedings or Inquiries.--It shall 
be unlawful for any employer or employment agency to--
            (1) interfere with, restrain, or deny the exercise of or 
        the attempt to exercise, any right provided under this 
        subtitle; or
            (2) refuse to hire, to discharge, or in any other manner to 
        discriminate against any individual because such individual--
                    (A) opposed any practice made unlawful by this 
                subtitle;
                    (B) has filed any charge, or has instituted or 
                caused to be instituted any proceeding, under or 
                related to this subtitle;
                    (C) has given, or is about to give, any information 
                in connection with any inquiry or proceeding relating 
                to any right provided under this subtitle; or
                    (D) has testified, or is about to testify, in any 
                inquiry or proceeding relating to any right provided 
                under this subtitle.
    (d) Bona Fide Occupational Qualification.--Notwithstanding any 
other provision of this subtitle, consideration by an employer or 
employment agency of an individual's status as unemployed shall not be 
an unlawful employment practice where an individual's employment in a 
similar or related job for a period of time reasonably proximate to the 
hiring of such individual is a bona fide occupational qualification 
reasonably necessary to successful performance of the job that is being 
filled.

SEC. 1905. ENFORCEMENT.

    (a) Civil Action by Individual.--
            (1) Liability for employers and employment agencies.--Any 
        employer or employment agency that violates section 1904(a) or 
        (b) shall be liable to any affected individual--
                    (A) for actual damages equal to--
                            (i) the amount of--
                                    (I) any wages, salary, employment 
                                benefits, or other compensation denied 
                                or lost to such individual by reason of 
                                the violation; or
                                    (II) in a case in which wages, 
                                salary, employment benefits, or other 
                                compensation have not been denied or 
                                lost to the individual, any actual 
                                monetary losses sustained by the 
                                individual as a direct result of the 
                                violation or a civil penalty of $1,000 
                                per violation per day, whichever is 
                                greater;
                            (ii) the interest on the amount described 
                        in clause (i) calculated at the prevailing 
                        rate; and
                            (iii) an additional amount as liquidated 
                        damages equal to the sum of the amount 
                        described in clause (i) and the interest 
                        described in clause (ii), except that if an 
                        employer or employment agency that has violated 
                        section 1904 proves to the satisfaction of the 
                        court that the act or omission that violated 
                        section 1904 was in good faith and that the 
                        employer had reasonable grounds for believing 
                        that the act or omission was not a violation of 
                        section 1904, such court may, in its 
                        discretion, reduce the amount of the liability 
                        to the amount and interest determined under 
                        clauses (i) and (ii), respectively; and
                    (B) for such equitable relief as may be 
                appropriate, including employment and compensatory and 
                punitive damages.
            (2) Right of action.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) of this subsection 
        may be maintained against any employer or employment agency in 
        any Federal or State court of competent jurisdiction by any one 
        or more persons for and in behalf of--
                    (A) the affected individual; or
                    (B) the affected individual and other individuals 
                similarly situated.
            (3) Fees and costs.--The court in such an action shall, in 
        addition to any judgment awarded to the plaintiff, allow a 
        reasonable attorney's fee, reasonable expert witness fees, and 
        other costs of the action to be paid by the defendant.
            (4) Limitations.--The right provided by paragraph (2) of 
        this subsection to bring an action by or on behalf of any 
        affected individual shall terminate--
                    (A) on the filing of a complaint by the Secretary 
                in an action under subsection (d) in which restraint is 
                sought of any violation of section 1904; or
                    (B) on the filing of a complaint by the Secretary 
                in an action under subsection (b) in which a recovery 
                is sought of the damages described in paragraph (1)(A) 
                owing to an affected individual by an employer or 
                employment agency liable under paragraph (1), unless 
                the action described in subparagraph (A) or (B) is 
                dismissed without prejudice on motion of the Secretary.
    (b) Action by the Secretary.--
            (1) Administrative action.--The Secretary shall receive, 
        investigate, and attempt to resolve complaints of violations of 
        section 1904 in the same manner that the Secretary receives, 
        investigates, and attempts to resolve complaints of violations 
        of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 206 and 207).
            (2) Civil action.--The Secretary may bring an action in any 
        court of competent jurisdiction--
                    (A) to enjoin violations of this subtitle and seek 
                other relief going forward necessary to prevent future 
                violations;
                    (B) to recover--
                            (i) the damages described in subsection 
                        (a)(1)(A);
                            (ii) in the case of a violation of section 
                        1904(c), a civil penalty of not less than $250 
                        per violation; or
                            (iii) such other equitable relief the Court 
                        deems appropriate.
            (3) Sums recovered.--Any sums recovered by the Secretary 
        pursuant to paragraph (2)(A) shall be held in a special deposit 
        account and shall be paid, on order of the Secretary, directly 
        to each affected individual. Any such sums recovered pursuant 
        to paragraph (2)(A) that are not paid to an affected individual 
        because of inability to do so within a period of 3 years and 
        any sums recovered pursuant to paragraph (2)(B) shall be 
        deposited into the Treasury of the United States as 
        miscellaneous receipts.
    (c) Limitation.--
            (1) In general.--Except as provided in paragraph (2), an 
        action under subsection (a) may be brought not later than 2 
        years after the date of the last event constituting the alleged 
        violation for which the action is brought, provided that the 
        limitations for filing an action shall be tolled during the 
        period that the Secretary is considering a complaint against 
        any defendant named in a complaint filed with the Secretary 
        under subsection (b)(1) above.
            (2) Willful violation.--In the case of such action brought 
        for a willful violation of section 1904, such action may be 
        brought within 3 years of the date of the last event 
        constituting the alleged violation for which such action is 
        brought, provided that the limitations for filing an action by 
        an individual shall be tolled during the period that the 
        Secretary is considering a complaint pursuant to subsection 
        (b)(1).
            (3) Commencement.--In determining when an action is 
        commenced by the Secretary under this section for the purposes 
        of this subsection, it shall be considered to be commenced on 
        the date when the Secretary files a complaint in a court of 
        competent jurisdiction.
    (d) Action for Injunction by Secretary.--The district courts of the 
United States shall have jurisdiction, for cause shown, in an action 
brought by the Secretary--
            (1) to restrain violations of section 1904; and
            (2) to award such other equitable relief as may be 
        appropriate, including employment and monetary damages.
    (e) Solicitor of Labor.--The Solicitor of Labor may appear for and 
represent the Secretary on any litigation brought under this section.

              Subtitle K--New Jobs for America Act of 2011

SEC. 1951. SHORT TITLE.

    This subtitle may be cited as the ``New Jobs for America Act of 
2011''.

SEC. 1952. COMPENSATED EMPLOYMENT TRAINING GRANTS.

    (a) Authorization.--Subject to the availability of appropriations 
for such funds, the Secretary of Labor shall make grants to States, 
units of local government, and Indian tribes to carry out the 
activities described in subsection (b).
    (b) Use of Funds.--A recipient of a grant under this subtitle shall 
use the grant for the following purposes:
            (1) To seek out unemployed individuals struggling 
        financially whose prior training consisted of skills necessary 
        for a faltering or dying industry.
            (2) To create compensated training programs that offer 
        training in emerging markets and industries (such as green 
        technologies).
            (3) To partner with historically Black colleges and 
        universities and Hispanic serving colleges and universities 
        along with local community college systems to create innovative 
        retraining programs for minorities focused on retooling workers 
        for jobs in the growth sectors of healthcare, biotech, and 
        information technology.
            (4) To partner with cities and non-profit organizations to 
        provide apprenticeships and internships.
            (5) To provide compensation to participants in training 
        programs to temporarily aide in their financial distress.
            (6) To provide access to public healthcare programs for 
        participants.
            (7) To create training programs for ex-offenders in an 
        effort to reduce recidivism.
            (8) To aide newly trained participants in securing 
        employment within the field of their newly acquired expertise.
    (c) Conditions.--As a condition of receiving a grant under this 
subtitle, a grant recipient shall--
            (1) comply with nondiscrimination standards of the Civil 
        Rights Act;
            (2) allocate not less than 80 percent of the funding 
        allocated under the grant to wages, benefits, and support 
        activities, including child care services to individuals 
        receiving compensated training under such a grant; and
            (3) institute a program to aide newly trained participants 
        in securing employment in their new area of expertise.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this subtitle.

          Subtitle L--Transportation Infrastructure Investment

SEC. 1961. TRANSPORTATION INFRASTRUCTURE INVESTMENT.

    (a) Highway Infrastructure Investment.--
            (1) In general.--There is made available to the Secretary 
        of Transportation $45,000,000,000 for restoration, repair, 
        construction, and other activities eligible under section 
        133(b) of title 23, United States Code, and for passenger and 
        freight rail transportation and port infrastructure projects 
        eligible for assistance under section 601(a)(8) of title 23, 
        United States Code.
            (2) Federal share; limitation on obligations.--The Federal 
        share payable on account of any project or activity carried out 
        with funds made available under this subsection shall be, at 
        the option of the recipient, up to 100 percent of the total 
        cost thereof. The amount made available under this subsection 
        shall not be subject to any limitation on obligations for 
        Federal-aid highways and highway safety construction programs 
        set forth in any Act or in title 23, United States Code.
            (3) Availability.--The amounts made available under this 
        subsection shall be available for obligation until the date 
        that is two years after the date of the enactment of this Act. 
        The Secretary shall obligate amounts totaling not less than 50 
        percent of the funds made available within one year of 
        enactment and obligate remaining amounts not later than two 
        years after enactment.
            (4) Distribution of funds.--Of the funds provided in this 
        subsection, after making the set-asides required by paragraphs 
        (9), (10), (11), (12), and (15), 50 percent of the funds shall 
        be apportioned to States using the formula set forth in section 
        104(b)(3) of title 23, United States Code, and the remaining 
        funds shall be apportioned to States in the same ratio as the 
        obligation limitation for fiscal year 2010 was distributed 
        among the States in accordance with the formula specified in 
        section 120(a)(6) of division A of Public Law 111-117.
            (5) Apportionment.--Apportionments under paragraph (4) 
        shall be made not later than 30 days after the date of the 
        enactment of this subtitle.
            (6) Redistribution.--
                    (A) The Secretary shall, 180 days following the 
                date of apportionment, withdraw from each State an 
                amount equal to 50 percent of the funds apportioned 
                under paragraph (4) to that State (excluding funds 
                suballocated within the State) less the amount of 
                funding obligated (excluding funds suballocated within 
                the State), and the Secretary shall redistribute such 
                amounts to other States that have had no funds 
                withdrawn under this subparagraph in the manner 
                described in section 120(c) of division A of Public Law 
                111-117.
                    (B) One year following the date of apportionment, 
                the Secretary shall withdraw from each recipient of 
                funds apportioned under paragraph (4) any unobligated 
                funds, and the Secretary shall redistribute such 
                amounts to States that have had no funds withdrawn 
                under this paragraph (excluding funds suballocated 
                within the State) in the manner described in section 
                120(c) of division A of Public Law 111-117.
                    (C) At the request of a State, the Secretary may 
                provide an extension of the one-year period only to the 
                extent that the Secretary determines that the State has 
                encountered extreme conditions that create an 
                unworkable bidding environment or other extenuating 
                circumstances. Before granting an extension, the 
                Secretary shall notify in writing the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Environment and 
                Public Works of the Senate, providing a thorough 
                justification for the extension.
            (7) Transportation enhancements.--Three percent of the 
        funds apportioned to a State under paragraph (4) shall be set 
        aside for the purposes described in section 133(d)(2) of title 
        23, United States Code (without regard to the comparison to 
        fiscal year 2005).
            (8) Suballocation.--Thirty percent of the funds apportioned 
        to a State under this subsection shall be suballocated within 
        the State in the manner and for the purposes described in the 
        first sentence of sections 133(d)(3)(A), 133(d)(3)(B), and 
        133(d)(3)(D) of title 23, United States Code. Such 
        suballocation shall be conducted in every State. Funds 
        suballocated within a State to urbanized areas and other areas 
        shall not be subject to the redistribution of amounts required 
        180 days following the date of apportionment of funds provided 
        by paragraph (6)(A).
            (9) Puerto rico and territorial highway programs.--Of the 
        funds provided under this subsection, $105,000,000 shall be set 
        aside for the Puerto Rico highway program authorized under 
        section 165 of title 23, United States Code, and $45,000,000 
        shall be for the territorial highway program authorized under 
        section 215 of title 23, United States Code.
            (10) Federal lands and indian reservations.--Of the funds 
        provided under this subsection, $750,000,000 shall be set aside 
        for investments in transportation at Indian reservations and 
        Federal lands in accordance with the following:
                    (A) Of the funds set aside by this paragraph, 
                $410,000,000 shall be for the Indian Reservation Roads 
                program, $270,000,000 shall be for the Park Roads and 
                Parkways program, $60,000,000 shall be for the Forest 
                Highway Program, and $10,000,000 shall be for the 
                Refuge Roads program.
                    (B) For investments at Indian reservations and 
                Federal lands, priority shall be given to capital 
                investments, and to projects and activities that can be 
                completed within 2 years of enactment of this Act.
                    (C) One year following the enactment of this 
                subtitle, to ensure the prompt use of the funding 
                provided for investments at Indian reservations and 
                Federal lands, the Secretary shall have the authority 
                to redistribute unobligated funds within the respective 
                program for which the funds were appropriated.
                    (D) Up to four percent of the funding provided for 
                Indian Reservation Roads may be used by the Secretary 
                of the Interior for program management and oversight 
                and project-related administrative expenses.
                    (E) Section 134(f)(3)(C)(ii)(II) of title 23, 
                United States Code, shall not apply to funds set aside 
                by this paragraph.
            (11) Job training.--Of the funds provided under this 
        subsection, $100,000,000 shall be set aside for the development 
        and administration of transportation training programs under 
        section 140(b) of title 23, United States Code, in accordance 
        with the following:
                    (A) Funds set aside under this paragraph shall be 
                competitively awarded and used for the purpose of 
                providing training, apprenticeship (including 
                Registered Apprenticeship), skill development, and 
                skill improvement programs, as well as summer 
                transportation institutes, may be transferred to, or 
                administered in partnership with, the Secretary of 
                Labor, and shall be used for programs that demonstrate 
                to the Secretary of Transportation program outcomes, 
                including with respect to--
                            (i) impact on areas with transportation 
                        workforce shortages;
                            (ii) diversity of training participants;
                            (iii) number of participants obtaining 
                        certifications or credentials required for 
                        specific types of employment;
                            (iv) employment outcome metrics, such as 
                        job placement and job retention rates, 
                        established in consultation with the Secretary 
                        of Labor and consistent with metrics used by 
                        programs under the Workforce Investment Act of 
                        1998 (Public Law 105-220);
                            (v) to the extent practical, evidence that 
                        the program did not preclude workers that 
                        participate in training or apprenticeship 
                        activities under the program from being 
                        referred to, or hired on, projects funded under 
                        this chapter; and
                            (vi) identification of areas of 
                        collaboration with the Department of Labor 
                        programs, including co-enrollment.
                    (B) To be eligible to receive a competitively 
                awarded grant under this paragraph, a State must 
                certify that at least 0.1 percent of the amounts 
                apportioned under the Surface Transportation Program 
                and Bridge Program will be obligated in the first 
                fiscal year after enactment of this Act for job 
                training activities consistent with section 140(b) of 
                title 23, United States Code.
            (12) Disadvantaged business enterprises.--Of the funds 
        provided under this subsection, $10,000,000 shall be set aside 
        for training programs and assistance programs under section 
        140(c) of title 23, United States Code. Funds set aside under 
        this paragraph should be allocated to businesses that have 
        proven success in adding staff while effectively completing 
        projects.
            (13) State planning and oversight expenses.--Of amounts 
        apportioned under paragraph (4) of this subsection, a State may 
        use up to 0.5 percent for activities related to projects funded 
        under this subsection, including activities eligible under 
        sections 134 and 135 of title 23, United States Code, State 
        administration of subgrants, and State oversight of 
        subrecipients.
            (14) Conditions.--
                    (A) Funds made available under this subsection 
                shall be administered as if apportioned under chapter 1 
                of title 23, United States Code, except for funds made 
                available for investments in transportation at Indian 
                reservations and Federal lands, and for the territorial 
                highway program, which shall be administered in 
                accordance with chapter 2 of title 23, United States 
                Code, and except for funds made available for 
                disadvantaged business enterprises bonding assistance, 
                which shall be administered in accordance with chapter 
                3 of title 49, United States Code.
                    (B) Funds made available under this subsection 
                shall not be obligated for the purposes authorized 
                under section 115(b) of title 23, United States Code.
                    (C) Funding provided under this subsection shall be 
                in addition to any and all funds provided for fiscal 
                years 2012 and 2013 in any other Act for ``Federal-aid 
                Highways'' and shall not affect the distribution of 
                funds provided for ``Federal-aid Highways'' in any 
                other Act.
                    (D) Section 1101(b) of Public Law 109-59 shall 
                apply to funds apportioned under this subsection.
            (15) Oversight.--The Administrator of the Federal Highway 
        Administration may set aside up to 0.15 percent of the funds 
        provided under this subsection to fund the oversight by the 
        Administrator of projects and activities carried out with funds 
        made available to the Federal Highway Administration in this 
        Act, and such funds shall be available through September 30, 
        2015.
    (b) Transportation Infrastructure Grants and Financing.--
            (1) In general.--There is made available to the Secretary 
        of Transportation $5,000,000,000 for capital investments in 
        surface transportation infrastructure. The Secretary shall 
        distribute funds provided under this subsection as 
        discretionary grants to be awarded to State and local 
        governments or transit agencies on a competitive basis for 
        projects that will have a significant impact on the Nation, a 
        metropolitan area, or a region.
            (2) Federal share; limitation on obligations.--The Federal 
        share payable of the costs for which a grant is made under this 
        subsection shall be 100 percent.
            (3) Availability.--The amounts made available under this 
        subsection shall be available for obligation until the date 
        that is two years after the date of the enactment of this 
        subtitle. The Secretary shall obligate amounts totaling not 
        less than 50 percent of the funds made available within one 
        year of enactment and obligate remaining amounts not later than 
        two years after enactment.
            (4) Project eligibility.--Projects eligible for funding 
        provided under this subsection include--
                    (A) highway or bridge projects eligible under title 
                23, United States Code, including interstate 
                rehabilitation, improvements to the rural collector 
                road system, the reconstruction of overpasses and 
                interchanges, bridge replacements, seismic retrofit 
                projects for bridges, and road realignments;
                    (B) public transportation projects eligible under 
                chapter 53 of title 49, United States Code, including 
                investments in projects participating in the New Starts 
                or Small Starts programs that will expedite the 
                completion of those projects and their entry into 
                revenue service;
                    (C) passenger and freight rail transportation 
                projects; and
                    (D) port infrastructure investments, including 
                projects that connect ports to other modes of 
                transportation and improve the efficiency of freight 
                movement.
            (5) TIFIA program.--The Secretary may transfer to the 
        Federal Highway Administration funds made available under this 
        subsection for the purpose of paying the subsidy and 
        administrative costs of projects eligible for Federal credit 
        assistance under chapter 6 of title 23, United States Code, if 
        the Secretary finds that such use of the funds would advance 
        the purposes of this subsection.
            (6) Project priority.--The Secretary shall give priority to 
        projects that are expected to be completed within 3 years of 
        the date of the enactment of this subtitle.
            (7) Deadline for issuance of competition criteria.--The 
        Secretary shall publish criteria on which to base the 
        competition for any grants awarded under this subsection not 
        later than 90 days after enactment of this subtitle. The 
        Secretary shall require applications for funding provided under 
        this subsection to be submitted not later than 180 days after 
        the publication of the criteria and announce all projects 
        selected to be funded from such funding not later than one year 
        after the date of the enactment of this subtitle.
            (8) Applicability of title 40.--Each project conducted 
        using funds provided under this subsection shall comply with 
        the requirements of subchapter IV of chapter 31 of title 40, 
        United States Code.
            (9) Administrative expenses.--The Secretary may retain up 
        to one half of one percent of the funds provided under this 
        subsection, and may transfer portions of those funds to the 
        Administrators of the Federal Highway Administration, the 
        Federal Transit Administration, the Federal Railroad 
        Administration, and the Maritime Administration, to fund the 
        award and oversight of grants made under this subsection. Funds 
        retained shall remain available for obligation until September 
        30, 2015.

                        Subtitle M--Jobs NOW Act

SEC. 1971. SHORT TITLE.

    This subtitle may be cited as the ``Jobs NOW Act''.

SEC. 1972. RESTORATION OF TANF EMERGENCY CONTINGENCY FUND.

    (a) In General.--Section 403 of the Social Security Act (42 U.S.C. 
603) is amended by adding at the end the following:
    ``(c) Emergency Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a fund which shall be known as the 
        `Emergency Contingency Fund for State Temporary Assistance for 
        Needy Families Programs' (in this subsection referred to as the 
        `Emergency Fund').
            ``(2) Deposits into fund.--
                    ``(A) In general.--Out of any money in the Treasury 
                of the United States not otherwise appropriated, there 
                are appropriated $5,000,000 for each of fiscal years 
                2012 and 2013, for payment to the Emergency Fund.
                    ``(B) Availability and use of funds.--The amounts 
                appropriated to the Emergency Fund under subparagraph 
                (A) for fiscal year 2012 shall be available for the 1st 
                12 months of the program period, and the amounts so 
                appropriated for fiscal year 2013 shall be available 
                for the 2nd 12 months of the program period, and all 
                such amounts shall be used to make grants to States in 
                accordance with paragraph (3).
                    ``(C) Limitation.--In no case may the Secretary 
                make a grant from the Emergency Fund for a fiscal year 
                after the end of the program period.
                    ``(D) Program period defined.--In this subsection, 
                the term `program period' means the 2-year period that 
                begins with the 1st day of the 1st calendar quarter 
                that begins after the effective date of this 
                subsection.
            ``(3) Grants.--
                    ``(A) In general.--For each calendar quarter in the 
                program period, the Secretary shall make a grant from 
                the Emergency Fund to each State that--
                            ``(i) requests a grant under this 
                        subparagraph for the quarter; and
                            ``(ii) meets the requirement of clause (ii) 
                        for the quarter.
                    ``(B) Requirement.--A State meets the requirement 
                of this clause for a quarter if the unemployment rate 
                of the State (as determined by the Secretary of 
                Commerce in consultation with the Secretary of Labor) 
                was not less than 6 percent for each month in the most 
                recent 6-month period for which such information is 
                available.
                    ``(C) Amount of grant.--The amount of the grant to 
                be made to a State under this subparagraph for a 
                quarter shall be an amount equal to 75 percent of the 
                State family assistance grant.
            ``(4) Limitations on use of funds.--A State to which an 
        amount is paid under this subsection may use the amount only as 
        authorized by section 404.
            ``(5) Timing of implementation.--The Secretary shall 
        implement this subsection as quickly as reasonably possible, 
        pursuant to appropriate guidance to States.
            ``(6) Application to indian tribes.--This subsection shall 
        apply to an Indian tribe with an approved tribal family 
        assistance plan under section 412 in the same manner as this 
        subsection applies to a State.''.
    (b) Disregard From Limitation on Total Payments to Territories.--
Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) is amended by 
inserting ``403(c)(3),'' after ``403(a)(5),''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 90 days after the date of the enactment of this subtitle.

               Subtitle N--Discretionary Spending Limits

SEC. 1981. REPEAL OF NEW DISCRETIONARY SPENDING LIMITS.

    (a) In General.--Section 251A of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 901a) is hereby repealed.
    (b) Conforming Amendment.--The Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended--
            (1) in section 250(a), by amending the table of contents by 
        striking the item relating to section 251A; and
            (2) by amending section 251(c) to read as follows:
    ``(c) Discretionary Spending Limit.--As used in this part, the term 
`discretionary spending limit' means--
            ``(1) with respect to fiscal year 2012--
                    ``(A) for the security category, $684,000,000,000 
                in new budget authority; and
                    ``(B) for the nonsecurity category, 
                $359,000,000,000 in new budget authority;
            ``(2) with respect to fiscal year 2013--
                    ``(A) for the security category, $686,000,000,000 
                in new budget authority; and
                    ``(B) for the nonsecurity category, 
                $361,000,000,000 in new budget authority;
            ``(3) with respect to fiscal year 2014, for the 
        discretionary category, $1,066,000,000,000 in new budget 
        authority;
            ``(4) with respect to fiscal year 2015, for the 
        discretionary category, $1,086,000,000,000 in new budget 
        authority;
            ``(5) with respect to fiscal year 2016, for the 
        discretionary category, $1,107,000,000,000 in new budget 
        authority;
            ``(6) with respect to fiscal year 2017, for the 
        discretionary category, $1,131,000,000,000 in new budget 
        authority;
            ``(7) with respect to fiscal year 2018, for the 
        discretionary category, $1,156,000,000,000 in new budget 
        authority;
            ``(8) with respect to fiscal year 2019, for the 
        discretionary category, $1,182,000,000,000 in new budget 
        authority;
            ``(9) with respect to fiscal year 2020, for the 
        discretionary category, $1,208,000,000,000 in new budget 
        authority; and
            ``(10) with respect to fiscal year 2021, for the 
        discretionary category, $1,234,000,000,000 in new budget 
        authority;
as adjusted in strict conformance with subsection (b).''.

             Subtitle O--Emergency Job Creation Designation

SEC. 1991. CONGRESSIONAL DESIGNATION.

    For purposes of section 251(b)(2) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)), the 
Congress hereby designates all appropriations made under this title, 
and amendments made by this title, as being for the purpose of 
emergency job creation.

            TITLE II--RESPONSIBLE SAVINGS AND FAIR TAXATION

       Subtitle A--Responsible End to the War in Afghanistan Act

SEC. 2001. SHORT TITLE.

    This subtitle may be cited as the ``Responsible End to the War in 
Afghanistan Act''.

SEC. 2002. STATEMENT OF POLICY.

    It is the policy of the United States to ensure that funds made 
available for operations of the Armed Forces in Afghanistan are to be 
used only for purposes of providing for the safe and orderly withdrawal 
from Afghanistan of all members of the Armed Forces and Department of 
Defense contractor personnel who are in Afghanistan.

SEC. 2003. LIMITATION ON USE OF FUNDS FOR OPERATIONS OF THE ARMED 
              FORCES IN AFGHANISTAN.

    (a) Limitation.--Funds appropriated or otherwise made available 
under any provision of law for operations of the Armed Forces in 
Afghanistan shall be obligated and expended only for purposes of 
providing for the safe and orderly withdrawal from Afghanistan of all 
members of the Armed Forces and Department of Defense contractor 
personnel who are in Afghanistan.
    (b) Rule of Construction.--Nothing in this subtitle shall be 
construed--
            (1) to authorize the use of funds for the continuation of 
        combat operations in Afghanistan while carrying out the safe 
        and orderly withdrawal from Afghanistan of all members of the 
        Armed Forces and Department of Defense contractor personnel who 
        are in Afghanistan; and
            (2) to prohibit or otherwise restrict the use of funds 
        available to any department or agency of the United States to 
        carry out diplomatic efforts or humanitarian, development, or 
        general reconstruction activities in Afghanistan.

             Subtitle B--Defense and Deficit Reduction Act

SEC. 2101. SHORT TITLE.

    This subtitle may be cited as the ``Defense and Deficit Reduction 
Act''.

SEC. 2102. FINDINGS.

    Congress finds the following:
            (1) Under H. Res. 38, the Chair of the Committee on the 
        Budget shall include in the Congressional Record an allocation 
        for the remainder of fiscal year 2011 that assumes nonsecurity 
        spending at fiscal year 2008 levels.
            (2) Reductions in defense spending should be included in 
        any effort to reduce Federal outlays and reduce the national 
        deficit.
            (3) In fiscal year 2010, defense spending comprised 58 
        percent of discretionary spending.
            (4) If defense spending continued at fiscal year 2010 
        levels for the next 5 years, it would total $3,600,000,000,000.
            (5) Reducing defense spending to fiscal year 2008 levels 
        would save approximately $182,000,000,000 over 5 years compared 
        to current levels.
            (6) In January 2011 Secretary of Defense Gates stated that 
        the Administration is seeking $78,000,000,000 in cuts to the 
        defense budget over the next five years on top of 
        $100,000,000,000 in efficiencies. This savings should be used 
        to decrease the deficit.
            (7) President Obama has pledged to begin drawing down 
        forces in Afghanistan in July 2011 with a goal of full 
        withdrawal in 2014. With a decrease in troops abroad, our 
        defense spending should decrease.
            (8) In a CBS News Poll from January 2011, over 50 percent 
        of Americans questioned would reduce defense spending to 
        decrease the Federal deficit.
            (9) The United States currently spends more on its military 
        and defense than the next 19 biggest spending nations combined.
            (10) Making reasonable reductions to the defense budget can 
        help to solve the Nation's long-term fiscal problems.

SEC. 2103. REDUCTION AND FREEZE IN BUDGET OF DEPARTMENT OF DEFENSE.

    (a) Reduction and Freeze.--The aggregate amount of funds 
appropriated or otherwise made available for military functions 
administered by the Department of Defense (other than the functions 
excluded by subsection (b)) for a fiscal year may not exceed--
            (1) in the case of fiscal year 2011, the aggregate amount 
        of funds appropriated or otherwise made available for military 
        functions administered by the Department of Defense (other than 
        the functions excluded by subsection (b)) for fiscal year 2008; 
        and
            (2) in the case of fiscal years 2012 through 2016, the 
        aggregate amount of funds appropriated or otherwise made 
        available for such functions for the previous fiscal year.
    (b) Exclusion of Military Personnel Pay and Benefits.--In 
determining the aggregate amount of funds appropriated or otherwise 
made available for military functions administered by the Department of 
Defense for fiscal year 2008 or any subsequent fiscal year for purposes 
of subsection (a), there shall be excluded all amounts appropriated or 
otherwise made available in general and supplemental appropriations 
Acts for--
            (1) military personnel, reserve personnel, and National 
        Guard personnel accounts of the Department of Defense, 
        generally title I of the annual Department of Defense 
        appropriations Act;
            (2) the Defense Health Program; and
            (3) drug interdiction and counter-drug activities of the 
        Department of Defense, but only to the extent the amounts were 
        transferred to personnel accounts referred to in paragraph (1).
    (c) Use of Savings.--All funds saved by the implementation of this 
section shall be used for deficit reduction.

     Subtitle C--Reduction in Military End Strength Level in Europe

SEC. 2201. REDUCTION IN END STRENGTH LEVEL OF MEMBERS OF THE UNITED 
              STATES ARMED FORCES ASSIGNED TO PERMANENT DUTY IN EUROPE 
              AND CORRESPONDING GENERAL END STRENGTH REDUCTIONS.

    (a) European End Strength Level.--Effective September 30, 2012, the 
end strength level of members of the Armed Forces of the United States 
assigned to permanent duty ashore in Europe may not exceed a permanent 
ceiling of 30,000 in any fiscal year.
    (b) Exclusion of Certain Members.--For purposes of this section, 
the following members of the Armed Forces are excluded in calculating 
the end strength level of members of the Armed Forces of the United 
States assigned to permanent duty ashore in Europe:
            (1) Members assigned to permanent duty ashore in Iceland, 
        Greenland, and the Azores.
            (2) Members performing duties in Europe for more than 179 
        days under a military-to-military contact program under section 
        168 of title 10, United States Code.
    (c) Exceptions; Waiver.--This section shall not apply in the event 
of a declaration of war or an armed attack on any European member 
nation of the North Atlantic Treaty Organization. The President may 
waive operation of this section if the President declares an emergency 
and immediately informs the Congress of the waiver band the reasons 
therefor.
    (d) Repeal of Superceded End Strength Limitation.--Section 1002 of 
the Department of Defense Authorization Act, 1985 (22 U.S.C. 1928 note) 
is repealed.

SEC. 2202. CONFORMING CHANGES TO ARMED FORCES END STRENGTH LEVELS.

    (a) End Strengths for Active Forces for Fiscal Year 2012.--
Notwithstanding section 401, the Armed Forces are authorized strengths 
for active duty personnel as of September 30, 2012, as follows:
            (1) The Army, 556,600.
            (2) The Navy, 325,239.
            (3) The Marine Corps, 202,000.
            (4) The Air Force, 328,800.
    (b) Continuation of Reductions in Subsequent Fiscal Years.--For 
each of fiscal years 2013 through 2016, the end strength numbers shall 
be reduced by an additional 10,000 a year, as follows:
            (1) 5,400 a year from the Army.
            (2) 4,000 a year from the Air Force.
            (3) 500 a year from the Navy.
            (4) 100 a year from the Marine Corps.
    (c) Revision in Permanent Active Duty End Strength Minimum 
Levels.--Section 691(b) of title 10, United States Code, as amended by 
section 402, is amended by striking paragraphs (1) through (4) and 
inserting the following new paragraphs:
            ``(1) For the Army, 535,000.
            ``(2) For the Navy, 323,239.
            ``(3) For the Marine Corps, 201,600.
            ``(4) For the Air Force, 312,800.''.

                Subtitle D--V-22 Osprey Aircraft Program

SEC. 2401. TERMINATION OF V-22 OSPREY AIRCRAFT PROGRAM.

    Notwithstanding any other provision of law, none of the funds 
authorized to be appropriated or otherwise made available for fiscal 
year 2012 or any fiscal year thereafter for the Department of Defense 
may be obligated or expended for the procurement of V-22 Osprey 
aircraft.

                    Subtitle E--Fairness in Taxation

SEC. 2501. INCREASED TAX RATES FOR TAXPAYERS WITH MORE THAN $1,000,000 
              TAXABLE INCOME.

    (a) In General.--
            (1) Married individuals filing joint returns and surviving 
        spouses.--The table contained in subsection (a) of section 1 of 
        the Internal Revenue Code of 1986 is amended to read as 
        follows:

If taxable income is:               The tax is:
    Not over $69,000...............
                                        15% of taxable income.
    Over $69,000 but not over 
        $139,350.
                                        $10,350, plus 28% of the excess 
                                                over $69,000.
    Over $139,350 but not over 
        $212,300.
                                        $30,048, plus 31% of the excess 
                                                over $139,350.
    Over $212,300 but not over 
        $379,150.
                                        $52,662.50, plus 36% of the 
                                                excess over $212,300.
    Over $379,150 but not over 
        $1,000,000.
                                        $112,728.50, plus 39.6% of the 
                                                excess over $379,150.
    Over $1,000,000 but not over 
        $10,000,000.
                                        $358,585.10, plus 45% of the 
                                                excess over $1,000,000.
    Over $10,000,000 but not over 
        $20,000,000.
                                        $4,408,585.10, plus 46% of the 
                                                excess over 
                                                $10,000,000.
    Over $20,000,000 but not over 
        $100,000,000.
                                        $9,008,585.10, plus 47% of the 
                                                excess over 
                                                $20,000,000.
    Over $100,000,000 but not over 
        $1,000,000,000.
                                        $46,608,585.10, plus 48% of the 
                                                excess over 
                                                $100,000,000.
    Over $1,000,000,000............
                                        $478,608,585.10, plus 49% over 
                                                the excess over 
                                                $1,000,000,000.
            (2) Heads of household.--The table contained in subsection 
        (b) of section 1 of such Code is amended to read as follows:

If taxable income is:               The tax is:
    Not over $46,250...............
                                        15% of taxable income.
    Over $46,250 but not over 
        $119,400.
                                        $6,937.50, plus 28% of the 
                                                excess over $46,250.
    Over $119,400 but not over 
        $193,350.
                                        $27,419.50, plus 31% of the 
                                                excess over $119,400.
    Over $193,350 but not over 
        $379,150.
                                        $50,344, plus 36% of the excess 
                                                over $193,350.
    Over $379,150 but not over 
        $1,000,000.
                                        $117,232, plus 39.6% of the 
                                                excess over $379,150.
    Over $1,000,000 but not over 
        $10,000,000.
                                        $363,088.60, plus 45% of the 
                                                excess over $1,000,000.
    Over $10,000,000 but not over 
        $20,000,000.
                                        $4,413,088.60, plus 46% of the 
                                                excess over 
                                                $10,000,000.
    Over $20,000,000 but not over 
        $100,000,000.
                                        $9,013,088.60, plus 47% of the 
                                                excess over 
                                                $20,000,000.
    Over $100,000,000 but not over 
        $1,000,000,000.
                                        $46,613,088.60, plus 48% of the 
                                                excess over 
                                                $100,000,000.
    Over $1,000,000,000............
                                        $478,613,088.60, plus 49% of 
                                                the excess over 
                                                $1,000,000,000.
            (3) Unmarried individuals (other than surviving spouses and 
        heads of households).--The table contained in subsection (c) of 
        section 1 of such Code is amended to read as follows:

If taxable income is:               The tax is:
    Not over $34,500...............
                                        15% of taxable income.
    Over $34,500 but not over 
        $83,600.
                                        $5,175, plus 28% of the excess 
                                                over $34,500.
    Over $83,600 but not over 
        $174,400.
                                        $18,923, plus 31% of the excess 
                                                over $83,600.
    Over $174,400 but not over 
        $379,150.
                                        $47,071, plus 36% of the excess 
                                                over $174,400.
    Over $379,150 but not over 
        $1,000,000.
                                        $120,781, plus 39.6% of the 
                                                excess over $379,150.
    Over $1,000,000 but not over 
        $10,000,000.
                                        $366,637.60, plus 45% of the 
                                                excess over $1,000,000.
    Over $10,000,000 but not over 
        $20,000,000.
                                        $4,416,637.60, plus 46% of the 
                                                excess over 
                                                $10,000,000.
    Over $20,000,000 but not over 
        $100,000,000.
                                        $9,016,637.60, plus 47% of the 
                                                excess over 
                                                $20,000,000.
    Over $100,000,000 but not over 
        $1,000,000,000.
                                        $46,616,637.60, plus 48% of the 
                                                excess over 
                                                $100,000,000.
    Over $1,000,000,000............
                                        $478,616,637.60, plus 49% of 
                                                the excess over 
                                                $1,000,000,000.
            (4) Married individuals filing separate returns.--The table 
        contained in subsection (d) of section 1 of such Code is 
        amended to read as follows:

If taxable income is:               The tax is:
    Not over $34,500...............
                                        plus 15% of taxable income.
    Over $34,500 but not over 
        $69,675.
                                        $5,175, plus 28% of the excess 
                                                over $34,500.
    Over $69,675 but not over 
        $106,150.
                                        $15,024, plus 31% of the excess 
                                                over $69,675.
    Over $106,150 but not over 
        $189,575.
                                        $26,331.25, plus 35% of the 
                                                excess over $106,150.
    Over $189,575 but not over 
        $500,000.
                                         $55,530, plus 39.6% of the 
                                                excess over $189,575.
    Over $500,000 but not over 
        $5,000,000.
                                        $178,458.30, plus 45% of the 
                                                excess over $500,000.
    Over $5,000,000 but not over 
        $10,000,000.
                                        $2,203,458.30, plus 46% of the 
                                                excess over $5,000,000.
    Over $10,000,000 but not over 
        $50,000,000.
                                        $4,503,458.30, plus 47% of the 
                                                excess over 
                                                $10,000,000.
    Over $50,000,000 but not over 
        $500,000,000.
                                        $23,303,458.30, plus 48% of the 
                                                excess over 
                                                $50,000,000.
    Over $500,000,000..............
                                        $239,303,458.30, plus 49% of 
                                                the excess over 
                                                $500,000,000.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2011.

SEC. 2502. RECAPTURE OF LOWER CAPITAL GAINS RATES FOR INDIVIDUALS 
              SUBJECT TO ADDED RATE BRACKETS.

    (a) In General.--Section 1 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subsection:
    ``(j) Special Rule for Capital Gains in Case of Taxable Income 
Subject to at Least 45-Percent Rate Bracket.--If for the taxable year a 
taxpayer has taxable income in excess of the minimum dollar amount for 
the 45-percent rate bracket and has a net capital gain, then--
            ``(1) the tax imposed by this section for the taxable year 
        with respect to such excess shall be determined without regard 
        to subsection (h), and
            ``(2) the amount of net capital gain of the taxpayer taken 
        into account for the taxable year under subsection (h) shall be 
        reduced by the lesser of--
                    ``(A) such excess, or
                    ``(B) the net capital gain for the taxable year.
        Any reduction in net capital gain under the preceding sentence 
        shall be allocated between adjusted net capital gain, 
        unrecaptured 1250 gain, and section 1202 gain in amounts 
        proportionate to the amounts of each such gain.''.
    (b) Conforming Amendment.--Paragraph (1) of section 1(h) of such 
Code is amended by striking ``If a taxpayer has'' and inserting 
``Except to the extent provided in subsection (j), if a taxpayer has''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2011.

           Subtitle F--End Big Oil Tax Subsidies Act of 2011

SEC. 2601. SHORT TITLE.

    This subtitle may be cited as the ``End Big Oil Tax Subsidies Act 
of 2011''.

SEC. 2602. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES.

    (a) In General.--Subparagraph (A) of section 167(h)(5) of the 
Internal Revenue Code of 1986 is amended by striking ``major integrated 
oil company'' and inserting ``covered large oil company''.
    (b) Covered Large Oil Company.--Paragraph (5) of section 167(h) of 
such Code is amended by redesignating subparagraph (B) as subparagraph 
(C) and by inserting after subparagraph (A) the following new 
subparagraph:
                    ``(B) Covered large oil company.--For purposes of 
                this paragraph, the term `covered large oil company' 
                means a taxpayer which--
                            ``(i) is a major integrated oil company, or
                            ``(ii) has gross receipts in excess of 
                        $50,000,000 for the taxable year.
                For purposes of clause (ii), all persons treated as a 
                single employer under subsections (a) and (b) of 
                section 52 shall be treated as 1 person.''.
    (c) Conforming Amendment.--The heading for paragraph (5) of section 
167(h) of such Code is amended by inserting ``and other large 
taxpayers''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2011.

SEC. 2603. PRODUCING OIL AND GAS FROM MARGINAL WELLS.

    (a) In General.--Section 45I of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and 
Gas Company.--
            ``(1) In general.--Subsection (a) shall not apply to any 
        taxpayer which is not a small, independent oil and gas company 
        for the taxable year.
            ``(2) Aggregation rule.--For purposes of paragraph (1), all 
        persons treated as a single employer under subsections (a) and 
        (b) of section 52 shall be treated as 1 person.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to credits determined for taxable years beginning after December 
31, 2011.

SEC. 2604. ENHANCED OIL RECOVERY CREDIT.

    (a) In General.--Section 43 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subsection:
    ``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and 
Gas Company.--
            ``(1) In general.--Subsection (a) shall not apply to any 
        taxpayer which is not a small, independent oil and gas company 
        for the taxable year.
            ``(2) Aggregation rule.--For purposes of paragraph (1), all 
        persons treated as a single employer under subsections (a) and 
        (b) of section 52 shall be treated as 1 person.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2011.

SEC. 2605. INTANGIBLE DRILLING AND DEVELOPMENT COSTS IN THE CASE OF OIL 
              AND GAS WELLS.

    (a) In General.--Subsection (c) of section 263 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
sentence: ``This subsection shall not apply to amounts paid or incurred 
by a taxpayer in any taxable year in which such taxpayer is not a 
small, independent oil and gas company, determined by deeming all 
persons treated as a single employer under subsections (a) and (b) of 
section 52 as 1 person.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to amounts paid or incurred in taxable years beginning after December 
31, 2011.

SEC. 2606. PERCENTAGE DEPLETION.

    (a) In General.--Section 613A of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and 
Gas Company.--
            ``(1) In general.--This section and section 611 shall not 
        apply to any taxpayer which is not a small, independent oil and 
        gas company for the taxable year.
            ``(2) Aggregation rule.--For purposes of paragraph (1), all 
        persons treated as a single employer under subsections (a) and 
        (b) of section 52 shall be treated as 1 person.''.
    (b) Conforming Amendment.--Section 613A(c)(1) of such Code is 
amended by striking ``subsection (d)'' and inserting ``subsections (d) 
and (f)''.
    (c) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2011.

SEC. 2607. TERTIARY INJECTANTS.

    (a) In General.--Section 193 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(d) Exception for Taxpayer Who Is Not Small, Independent Oil and 
Gas Company.--
            ``(1) In general.--Subsection (a) shall not apply to any 
        taxpayer which is not a small, independent oil and gas company 
        for the taxable year.
            ``(2) Exception for qualified carbon dioxide disposed in 
        secure geological storage.--Paragraph (1) shall not apply in 
        the case of any qualified tertiary injectant expense paid or 
        incurred for any tertiary injectant is qualified carbon dioxide 
        (as defined in section 45Q(b)) which is disposed of by the 
        taxpayer in secure geological storage (as defined by section 
        45Q(d)).
            ``(3) Aggregation rule.--For purposes of paragraph (1), all 
        persons treated as a single employer under subsections (a) and 
        (b) of section 52 shall be treated as 1 person.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to expenses incurred after December 31, 2011.

SEC. 2608. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED.

    (a) In General.--Paragraph (3) of section 469(c) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following:
                    ``(C) Exception for taxpayer who is not small, 
                independent oil and gas company.--
                            ``(i) In general.--Subparagraph (A) shall 
                        not apply to any taxpayer which is not a small, 
                        independent oil and gas company for the taxable 
                        year.
                            ``(ii) Aggregation rule.--For purposes of 
                        clause (i), all persons treated as a single 
                        employer under subsections (a) and (b) of 
                        section 52 shall be treated as 1 person.''.

SEC. 2609. INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES.

    (a) In General.--Section 199 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and 
Gas Company.--Subsection (a) shall not apply to the income derived from 
the production, transportation, or distribution of oil, natural gas, or 
any primary product (within the meaning of subsection (d)(9)) thereof 
by any taxpayer which for the taxable year is an oil and gas company 
which is not a small, independent oil and gas company.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2011.

SEC. 2610. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR 
              INTEGRATED OIL COMPANIES.

    (a) In General.--Section 472 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(h) Major Integrated Oil Companies.--Notwithstanding any other 
provision of this section, a major integrated oil company (as defined 
in section 167(h)) may not use the method provided in subsection (b) in 
inventorying of any goods.''.
    (b) Effective Date and Special Rule.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to taxable years beginning after December 31, 2011.
            (2) Change in method of accounting.--In the case of any 
        taxpayer required by the amendment made by this section to 
        change its method of accounting for its first taxable year 
        beginning after the date of the enactment of this subtitle--
                    (A) such change shall be treated as initiated by 
                the taxpayer,
                    (B) such change shall be treated as made with the 
                consent of the Secretary of the Treasury, and
                    (C) the net amount of the adjustments required to 
                be taken into account by the taxpayer under section 481 
                of the Internal Revenue Code of 1986 shall be taken 
                into account ratably over a period (not greater than 8 
                taxable years) beginning with such first taxable year.

SEC. 2611. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO DUAL 
              CAPACITY TAXPAYERS.

    (a) In General.--Section 901 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (n) as subsection (o) and by 
inserting after subsection (m) the following new subsection:
    ``(n) Special Rules Relating to Dual Capacity Taxpayers.--
            ``(1) General rule.--Notwithstanding any other provision of 
        this chapter, any amount paid or accrued by a dual capacity 
        taxpayer to a foreign country or possession of the United 
        States for any period with respect to combined foreign oil and 
        gas income (as defined in section 907(b)(1)) shall not be 
        considered a tax to the extent such amount exceeds the amount 
        (determined in accordance with regulations) which would have 
        been required to be paid if the taxpayer were not a dual 
        capacity taxpayer.
            ``(2) Dual capacity taxpayer.--For purposes of this 
        subsection, the term `dual capacity taxpayer' means, with 
        respect to any foreign country or possession of the United 
        States, a person who--
                    ``(A) is subject to a levy of such country or 
                possession, and
                    ``(B) receives (or will receive) directly or 
                indirectly a specific economic benefit (as determined 
                in accordance with regulations) from such country or 
                possession.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to taxes paid or accrued in taxable years beginning after 
        December 31, 2011.
            (2) Contrary treaty obligations upheld.--The amendments 
        made by this section shall not apply to the extent contrary to 
        any treaty obligation of the United States.

                 Subtitle G--Superfund Reinvestment Act

SEC. 2701. SHORT TITLE.

    This subtitle may be cited as the ``Superfund Reinvestment Act''.

SEC. 2702. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP.

    (a) Availability of Amounts.--Section 111 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9611) is amended--
            (1) in subsection (a) by striking ``For the purposes 
        specified'' and all that follows through ``for the following 
        purposes:'' and inserting the following: ``The amount in the 
        Hazardous Substance Superfund established under section 9507 of 
        the Internal Revenue Code of 1986 shall be available, without 
        further appropriation, to be used for the purposes specified in 
        this section. The President shall use such amount for the 
        following purposes:''; and
            (2) in subsection (c)--
                    (A) by striking ``Subject to such amounts as are 
                provided in appropriations Acts, the'' each place it 
                appears and inserting ``The''; and
                    (B) in paragraph (12) by striking ``to the extent 
                that such costs'' and all that follows through ``and 
                1994''.
    (b) Amendment to the Internal Revenue Code.--Section 9507 of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking ``appropriated to'' in subsection (a)(1) 
        and inserting ``made available for'',
            (2) by striking ``appropriated'' in subsection (b) and 
        inserting ``transferred'',
            (3) by striking ``, as provided in appropriations Acts,'' 
        in subsection (c)(1), and
            (4) by striking ``1995'' in subsection (d)(3)(B) and 
        inserting ``2021''.

SEC. 2703. BUDGETARY TREATMENT OF HAZARDOUS SUBSTANCE SUPERFUND.

    Notwithstanding any other provision of law, the receipts and 
disbursements of the Hazardous Substance Superfund established in 
section 9507 of the Internal Revenue Code of 1986--
            (1) shall not be counted as new budget authority, outlays, 
        receipts, or deficit or surplus for purposes of--
                    (A) the budget of the United States Government as 
                submitted by the President;
                    (B) the congressional budget (including allocations 
                of budget authority and outlays provided therein);
                    (C) the Balanced Budget and Emergency Deficit 
                Control Act of 1985; or
                    (D) the Statutory Pay-As-You-Go Act of 2010;
            (2) shall be exempt from any general budget limitation 
        imposed by statute on expenditures and net lending (budget 
        outlays) of the United States Government; and
            (3) shall be available only for the purposes specified in 
        section 111 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9611).

SEC. 2704. EXTENSION OF SUPERFUND TAXES.

    (a) Excise Taxes.--Subsection (e) of section 4611 of the Internal 
Revenue Code of 1986 is amended to read as follows:
    ``(e) Application of Hazardous Substance Superfund Financing 
Rate.--The Hazardous Substance Superfund financing rate under this 
section shall apply after December 31, 1986, and before January 1, 
1996, and after the date of the enactment of the Superfund Reinvestment 
Act and before January 1, 2019.''.
    (b) Corporate Environmental Income Tax.--Subsection (e) of section 
59A of such Code is amended to read as follows:
    ``(e) Application of Tax.--The tax imposed by this section shall 
apply to taxable years beginning after December 31, 1986, and before 
January 1, 1996, and to taxable years beginning after the date of the 
enactment of the Superfund Reinvestment Act and before January 1, 
2019.''.
    (c) Technical Amendments.--
            (1) Subsection (b) of section 4611 of such Code is 
        amended--
                    (A) by striking ``or exported from'' in paragraph 
                (1)(A),
                    (B) by striking ``or exportation'' in paragraph 
                (1)(B), and
                    (C) by striking ``and Exportation'' in the heading 
                thereof.
            (2) Paragraph (3) of section 4611(d) of such Code is 
        amended--
                    (A) by striking ``or exporting the crude oil, as 
                the case may be'' and inserting ``the crude oil'', and
                    (B) by striking ``or exports'' in the heading 
                thereof.

SEC. 2705. APPLICABILITY.

    (a) In General.--Except as provided in subsections (b) and (c), 
this subtitle (including the amendments made by this subtitle) shall 
apply to fiscal years beginning after September 30, 2011.
    (b) Excise Taxes.--The amendments made by sections 2704(a) and 
2704(c) shall take effect on the date of the enactment of this 
subtitle.
    (c) Income Tax.--The amendment made by section 2704(b) shall apply 
to taxable years beginning after the date of the enactment of this 
subtitle.

        Subtitle H--Wall Street Trading and Speculators Tax Act

SEC. 2801. SHORT TITLE.

    This subtitle may be cited as the ``Wall Street Trading and 
Speculators Tax Act''.

SEC. 2802. TRANSACTION TAX.

    (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is 
amended by inserting after subchapter B the following new subchapter:

              ``Subchapter C--Tax on Trading Transactions

``Sec. 4475. Tax on trading transactions.

``SEC. 4475. TAX ON TRADING TRANSACTIONS.

    ``(a) Imposition of Tax.--There is hereby imposed a tax on each 
covered transaction with respect to any security.
    ``(b) Rate of Tax.--The tax imposed under subsection (a) with 
respect to any covered transaction shall be 0.03 percent of the 
specified base amount with respect to such covered transaction.
    ``(c) Specified Base Amount.--For purposes of this section, the 
term `specified base amount' means--
            ``(1) except as provided in paragraph (2), the fair market 
        value of the security (determined as of the time of the covered 
        transaction), and
            ``(2) in the case of any payment described in subsection 
        (h), the amount of such payment.
    ``(d) Covered Transaction.--For purposes of this section, the term 
`covered transaction' means--
            ``(1) except as provided in paragraph (2), any purchase 
        if--
                    ``(A) such purchase occurs or is cleared on a 
                facility located in the United States, or
                    ``(B) the purchaser or seller is a United States 
                person, and
            ``(2) any transaction with respect to a security described 
        in subparagraph (D), (E), or (F) of subsection (e)(1), if--
                    ``(A) such security is traded or cleared on a 
                facility located in the United States, or
                    ``(B) any party with rights under such security is 
                a United States person.
    ``(e) Security and Other Definitions.--For purposes of this 
section--
            ``(1) In general.--The term `security' means--
                    ``(A) any share of stock in a corporation,
                    ``(B) any partnership or beneficial ownership 
                interest in a partnership or trust,
                    ``(C) any note, bond, debenture, or other evidence 
                of indebtedness,
                    ``(D) any evidence of an interest in, or a 
                derivative financial instrument with respect to, any 
                security or securities described in subparagraph (A), 
                (B), or (C),
                    ``(E) any derivative financial instrument with 
                respect to any currency or commodity, and
                    ``(F) any other derivative financial instrument any 
                payment with respect to which is calculated by 
                reference to any specified index.
            ``(2) Derivative financial instrument.--The term 
        `derivative financial instrument' includes any option, forward 
        contract, futures contract, notional principal contract, or any 
        similar financial instrument.
            ``(3) Specified index.--The term `specified index' means 
        any 1 or more of any combination of--
                    ``(A) a fixed rate, price, or amount, or
                    ``(B) a variable rate, price, or amount,   
        which is based on any current objectively determinable 
        information which is not within the control of any of the 
        parties to the contract or instrument and is not unique to any 
        of the parties' circumstances.
            ``(4) Treatment of exchanges.--
                    ``(A) In general.--An exchange shall be treated as 
                the sale of the property transferred and a purchase of 
                the property received by each party to the exchange.
                    ``(B) Certain deemed exchanges.--In the case of a 
                distribution treated as an exchange for stock under 
                section 302 or 331, the corporation making such 
                distribution shall be treated as having purchased such 
                stock for purposes of this section.
    ``(f) Exceptions.--
            ``(1) Exception for initial issues.--No tax shall be 
        imposed under subsection (a) on any covered transaction with 
        respect to the initial issuance of any security described in 
        subparagraph (A), (B), or (C) of subsection (e)(1).
            ``(2) Exception for certain traded short-term 
        indebtedness.--A note, bond, debenture, or other evidence of 
        indebtedness which--
                    ``(A) is traded on a trading facility located in 
                the United States, and
                    ``(B) has a fixed maturity of not more than 100 
                days,
        shall not be treated as described in subsection (e)(1)(C).
            ``(3) Exception for securities lending arrangements.--No 
        tax shall be imposed under subsection (a) on any covered 
        transaction with respect to which gain or loss is not 
        recognized by reason of section 1058.
    ``(g) By Whom Paid.--
            ``(1) In general.--The tax imposed by this section shall be 
        paid by--
                    ``(A) in the case of a transaction which occurs or 
                is cleared on a facility located in the United States, 
                such facility, and
                    ``(B) in the case of a purchase not described in 
                subparagraph (A) which is executed by a broker (as 
                defined in section 6045(c)(1)) which is a United States 
                person, such broker.
            ``(2) Special rules for direct, etc., transactions.--In the 
        case of any transaction to which paragraph (1) does not apply, 
        the tax imposed by this section shall be paid by--
                    ``(A) in the case of a transaction described in 
                subsection (d)(1)--
                            ``(i) the purchaser if the purchaser is a 
                        United States person, and
                            ``(ii) the seller if the purchaser is not a 
                        United States person, and
                    ``(B) in the case of a transaction described in 
                subsection (d)(2)--
                            ``(i) the payor if the payor is a United 
                        States person, and
                            ``(ii) the payee if the payor is not a 
                        United States person.
    ``(h) Certain Payments Treated as Separate Transactions.--Except as 
otherwise provided by the Secretary, any payment with respect to a 
security described in subparagraph (D), (E), or (F) of subsection 
(e)(1) shall be treated as a separate transaction for purposes of this 
section, including--
            ``(1) any net initial payment, net final or terminating 
        payment, or net periodical payment with respect to a notional 
        principal contract (or similar financial instrument),
            ``(2) any payment with respect to any forward contract (or 
        similar financial instrument), and
            ``(3) any premium paid with respect to any option (or 
        similar financial instrument).
    ``(i) Administration.--The Secretary shall carry out this section 
in consultation with the Securities and Exchange Commission and the 
Commodity Futures Trading Commission.
    ``(j) Guidance; Regulations.--The Secretary shall--
            ``(1) provide guidance regarding such information reporting 
        concerning covered transactions as the Secretary deems 
        appropriate, and
            ``(2) prescribe such regulations as are necessary or 
        appropriate to prevent avoidance of the purposes of this 
        section, including the use of non-United States persons in such 
        transactions.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 36 of 
the Internal Revenue Code of 1986 is amended by inserting after the 
item relating to subchapter B the following new item:

``Subchapter C. Tax on trading transactions.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to transactions after December 31, 2012.

                 Subtitle I--Making Work Pay Tax Credit

SEC. 2901. TWO-YEAR EXTENSION OF MAKING WORK PAY CREDIT.

    (a) In General.--Subsection (e) of section 36A of the Internal 
Revenue Code of 1986 is amended by striking ``December 31, 2010'' and 
inserting ``December 31, 2012''.
    (b) Treatment of Possessions.--Paragraph (1) of section 1001(b) of 
the American Recovery and Reinvestment Tax Act of 2009 is amended by 
striking ``2009 and 2010'' both places it appears and inserting ``2009, 
2010, 2011, and 2012''.
    (c) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2010.

         Subtitle J--Employee Misclassification Prevention Act

SEC. 2951 SHORT TITLE.

    This subtitle may be cited as the ``Employee Misclassification 
Prevention Act''.

SEC. 2952. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES.

    (a) Recordkeeping and Notice Requirements.--Section 11(c) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended--
            (1) by striking ``(c) Every employer subject to any 
        provision of this Act or of any order issued under this Act'' 
        and inserting the following:
    ``(c) Recordkeeping and Notice Requirements.--
            ``(1) In general.--Every person subject to any provision of 
        this Act or of any order issued under this Act'';
            (2) by striking ``of the persons employed by him'' and 
        inserting the following: ``of--
                    ``(A) each individual employed by such person'';
            (3) by striking ``employment maintained by him, and shall'' 
        and inserting the following: ``employment;
                    ``(B) subject to paragraph (2), each individual--
                            ``(i) who is not an employee within the 
                        meaning given the term in section 3(e) 
                        (referred to in this subsection as a `non-
                        employee');
                            ``(ii) whom the person has engaged, in the 
                        course of the person's trade or business, for 
                        the performance of labor or services; and
                            ``(iii)(I) with respect to whom the person 
                        is required to file an information return under 
                        section 6041A(a) of the Internal Revenue Code 
                        of 1986; or
                            ``(II) who is providing labor or services 
                        to the person through an entity that is a 
                        trust, estate, partnership, association, 
                        company, or corporation (as such terms are used 
                        in section 7701(a)(1) of the Internal Revenue 
                        Code of 1986) if--
                                    ``(aa) such individual has an 
                                ownership interest in the entity;
                                    ``(bb) creation or maintenance of 
                                such entity is a condition for the 
                                provision of such labor or services to 
                                the person; and
                                    ``(cc) the person would be required 
                                to file an information return for the 
                                entity under section 6041A(a) of the 
                                Internal Revenue Code of 1986 if the 
                                entity were an individual; and
                    ``(C) the remuneration and hours relating to the 
                performance of labor or services by each individual 
                described in subparagraph (B); and
                    ``(D) the notices required under paragraph (5),
        and shall''; and
            (4) by adding at the end the following:
            ``(2) Recordkeeping limitation.--A person otherwise subject 
        to the requirements of paragraph (1) shall have no 
        responsibility for making, keeping, or preserving records, 
        including the records described in such paragraph and paragraph 
        (4), concerning the employees of any individual described in 
        paragraph (1)(B) or the non-employees with whom such individual 
        has engaged for the performance of labor or services for such 
        person, unless such records are provided during the course of 
        the trade or business to the person.
            ``(3) Presumption.--
                    ``(A) In general.--For purposes of this Act and the 
                regulations or orders issued under this Act, an 
                individual who is employed, or who is remunerated for 
                the performance of labor or services, by a person, 
                shall be presumed to be an employee of the person if--
                            ``(i) the person has not made, kept, and 
                        preserved records in accordance with 
                        subparagraphs (B) and (C) of paragraph (1) 
                        regarding the individual; or
                            ``(ii) the person has not provided the 
                        individual with the notice required under 
                        paragraph (5).
                    ``(B) Rebuttal.--The presumption under subparagraph 
                (A) shall be rebutted only through the presentation of 
                clear and convincing evidence that an individual 
                described in such subparagraph is not an employee 
                (within the meaning of section 3(e)) of the person.
            ``(4) Accurate classification.--An accurate classification 
        of the status of each individual described in paragraph (1) as 
        either an employee (within the meaning of section 3(e)) of the 
        person maintaining the records or a non-employee of such person 
        shall be included within the records under this subsection.
            ``(5) Notice.--
                    ``(A) In general.--Every person subject to any 
                provision of this Act or of any order issued under this 
                Act shall provide the notice described in subparagraph 
                (C) to each employee of the person and each individual 
                classified by the person as a non-employee under 
                paragraph (1)(B).
                    ``(B) Timing of notice.--
                            ``(i) In general.--Such notice shall be 
                        provided, at a minimum, not later than 6 months 
                        after the date of enactment of the Employee 
                        Misclassification Prevention Act, and 
                        thereafter--
                                    ``(I) for new employees, upon 
                                employment; and
                                    ``(II) for new non-employees who 
                                are classified under paragraph (1)(B), 
                                upon commencement of the labor or 
                                services described in such paragraph.
                            ``(ii) Change in status.--Each person 
                        required to provide notice under subparagraph 
                        (A) to an individual shall also provide such 
                        notice to such individual upon changing such 
                        individual's status as an employee or non-
                        employee under paragraph (1).
                    ``(C) Contents of notice.--The notice required 
                under this paragraph shall be in writing and shall--
                            ``(i) inform the individual of the 
                        individual's classification, by the person 
                        submitting the notice, as an employee or a non-
                        employee under paragraph (1);
                            ``(ii) include a statement directing such 
                        individual to a Department of Labor website 
                        established for the purpose of providing 
                        further information about the rights of 
                        employees under the law;
                            ``(iii) include the address and telephone 
                        number for the applicable local office of the 
                        United States Department of Labor;
                            ``(iv) include for each individual 
                        classified as a non-employee under paragraph 
                        (1)(B) by the person submitting the notice, the 
                        following statement: `Your rights to wage, 
                        hour, and other labor protections depend upon 
                        your proper classification as an employee or 
                        non-employee. If you have any questions or 
                        concerns about how you have been classified or 
                        suspect that you may have been misclassified, 
                        contact the U.S. Department of Labor.'; and
                            ``(v) include such additional information 
                        as the Secretary shall prescribe by 
                        regulation.''.
    (b) Special Prohibited Acts.--Section 15(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 215(a)) is amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) to discharge or in any other manner discriminate 
        against any individual (including an employee) because such 
        individual has--
                    ``(A) opposed any practice, or filed a petition or 
                complaint or instituted or caused to be instituted any 
                proceeding--
                            ``(i) under or related to this Act 
                        (including concerning an individual's status as 
                        an employee or non-employee for purposes of 
                        this Act); or
                            ``(ii) concerning an individual's status as 
                        an employee or non-employee for employment tax 
                        purposes within the meaning of subtitle C of 
                        the Internal Revenue Code of 1986;
                    ``(B) testified or is about to testify in any 
                proceeding described in subparagraph (A); or
                    ``(C) served, or is about to serve, on an industry 
                committee;'';
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) to fail to accurately classify an individual as an 
        employee.''.
    (c) Special Penalty for Certain Misclassification, Recordkeeping, 
and Notice Violations.--Section 16 of the Fair Labor Standards Act of 
1938 (29 U.S.C. 216) is amended--
            (1) in subsection (b)--
                    (A) in the sixth sentence, by striking ``any 
                employee'' each place the term occurs and inserting 
                ``any employee or individual'';
                    (B) in the fourth sentence, by striking 
                ``employee'' and inserting ``employee or individual'';
                    (C) in the third sentence--
                            (i) by striking ``either of the preceding 
                        sentences'' and inserting ``any of the 
                        preceding sentences'';
                            (ii) by striking ``one or more employees'' 
                        and inserting ``one or more employees or 
                        individuals''; and
                            (iii) by striking ``other employees'' and 
                        inserting ``other employees or individuals, 
                        respectively,''; and
                    (D) by inserting after the first sentence the 
                following: ``Such liquidated damages are doubled 
                (subject to section 11 of the Portal-to-Portal Pay Act 
                of 1947 (29 U.S.C. 260)) where, in addition to 
                violating the provisions of section 6 or 7, the 
                employer has violated the provisions of section 
                15(a)(6) with respect to such employee or employees.''; 
                and
            (2) in subsection (e), by striking paragraph (2) and 
        inserting the following:
    ``(2) Any person who violates section 6, 7, 11(c), or 15(a)(6) 
shall be subject to a civil penalty, for each employee or other 
individual who was the subject of such a violation, in an amount--
            ``(A) not to exceed $1,100; or
            ``(B) in the case of a person who has repeatedly or 
        willfully committed such violation, not to exceed $5,000.''.
    (d) Employee Rights Website.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this subtitle, the Secretary of Labor shall 
        establish, for purposes of section 11(c)(5)(C)(ii) of the Fair 
        Labor Standards Act of 1938 (as added by this subtitle), a 
        single webpage on the Department of Labor website that 
        summarizes in plain language the rights of employees as 
        described in the amendments made by subsection (a) and other 
        information considered appropriate by the Secretary, including 
        appropriate links to additional information on the Department 
        of Labor website or other Federal agency websites. In addition, 
        such webpage--
                    (A) shall include a statement explaining that 
                employees may have additional or greater rights under 
                State or local laws and how employees may obtain 
                additional information about their rights under State 
                or local laws;
                    (B) shall be made available in English and any 
                other languages that the Secretary determines to be 
                prevalent among individuals likely to access the 
                webpage; and
                    (C) may provide a link to permit individuals to 
                file complaints online.
            (2) Coordination with other federal websites.--The 
        Secretary shall coordinate with other relevant Federal agencies 
        in order to provide information similar to the information 
        described in paragraph (1) (or a link to the Department of 
        Labor webpage required by this subsection) on the websites of 
        such other agencies.

SEC. 2953. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION 
              PURPOSES.

    (a) In General.--Section 303(a) of the Social Security Act (42 
U.S.C. 503(a)) is amended--
            (1) in paragraph (10), by striking the period and inserting 
        ``; and''; and
            (2) by adding after paragraph (10) the following:
            ``(11)(A) Such auditing and investigative procedures as may 
        be necessary to identify employers that have not registered 
        under the State law or that are paying unreported wages, where 
        these actions or omissions by the employers have the effect of 
        excluding employees from unemployment compensation coverage; 
        and
            ``(B) The making of quarterly reports to the Secretary of 
        Labor (in such form as the Secretary of Labor may require) 
        describing the results of the procedures under subparagraph 
        (A); and
            ``(12) The establishment of administrative penalties for 
        misclassifying employees, or paying unreported wages to 
        employees without proper recordkeeping, for unemployment 
        compensation purposes.''.
    (b) Review of Auditing Programs.--The Secretary of Labor shall 
include, in the Department of Labor's system for measuring States' 
performance in conducting unemployment compensation tax audits, a 
specific measure of their effectiveness in identifying the 
underreporting of wages and the underpayment of unemployment 
compensation contributions (including their effectiveness in 
identifying instances of such underreporting or underpayments despite 
the absence of cancelled checks, original time sheets, or other similar 
documentation).
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsection (a) shall take effect 12 months 
        after the date of the enactment of this subtitle.
            (2) Exception.--If the Secretary of Labor finds that 
        legislation is necessary in order for the unemployment 
        compensation law of a State to comply with the amendments made 
        by subsection (a), such amendments shall not apply with respect 
        to such law until the later of--
                    (A) the day after the close of the first regular 
                session of the legislature of such State which begins 
                after the date of the enactment of this subtitle; or
                    (B) 12 months after the date of the enactment of 
                this subtitle.
    (d) Definition of State.--For purposes of this section, the term 
``State'' has the meaning given such term by section 3306(j) of the 
Internal Revenue Code of 1986.

SEC. 2954. DEPARTMENT OF LABOR COORDINATION, REFERRAL, AND REGULATIONS.

    (a) Coordination and Referral.--Notwithstanding any other provision 
of law, any office, administration, or division of the Department of 
Labor that, while in the performance of its official duties, obtains 
information regarding the misclassification by a person subject to the 
provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.) or any order issued under such Act of any individual regarding 
whether such individual is an employee or a non-employee contracted for 
the performance of labor or services for purposes of section 6 or 7 of 
such Act (29 U.S.C. 206, 207) or in records required under section 
11(c) of such Act (29 U.S.C. 211(c)), shall report such information to 
the Wage and Hour Division of the Department. The Wage and Hour 
Division may report such information to the Internal Revenue Service as 
the Division considers appropriate.
    (b) Regulations.--The Secretary of Labor shall promulgate 
regulations to carry out this Act and the amendments made by this Act.

SEC. 2955. TARGETED AUDITS.

    The audits of employers subject to the Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour 
Division of the Department of Labor shall include certain industries 
with frequent incidence of misclassifying employees as non-employees, 
as determined by the Secretary of Labor.

        Subtitle K--Corporate Assets Should Be Used to Hire Act

SEC. 2961. SHORT TITLE.

    This subtitle may be cited as the ``Corporate Assets Should be used 
to Hire Act''.

SEC. 2962. TEMPORARY SURTAX ON INCREASES IN RETAINED EARNINGS OF 
              DOMESTIC CORPORATIONS.

    (a) In General.--Part II of subchapter A of chapter 1 of the 
Internal Revenue Code of 1986 is amended by redesignating section 12 as 
section 13 and by inserting after section 11 the following new section:

``SEC. 12. TEMPORARY SURTAX ON INCREASES IN RETAINED EARNINGS OF 
              DOMESTIC CORPORATIONS.

    ``(a) In General.--In the case of a domestic corporation for any 
taxable year beginning during 2011 or 2012, there is hereby imposed (in 
addition to any other tax imposed by this part) a tax equal to 40 
percent of the excess (if any) of--
            ``(1) the retained earnings of such corporation for such 
        taxable year, over
            ``(2) the average retained earnings of such corporation for 
        the 3 taxable years immediately preceding such taxable year.
    ``(b) Exceptions.--
            ``(1) Retained earnings required by law.--Subsection (a) 
        shall not apply to so much of the excess described in such 
        subsection as is attributable to any increase in retained 
        earnings which is required by Federal law or regulation.
            ``(2) Small business exception.--Subsection (a) shall not 
        apply to any corporation for any taxable year with respect to 
        which the retained earnings of such corporation for such 
        taxable year is less than $5,000,000. For purposes of this 
        paragraph, all persons treated as a single employer under 
        subsection (a) or (b) of section 52, or subsection (m) or (o) 
        of section 414, shall be treated as one person.
            ``(3) Corporations not in existence for entire base 
        period.--Subsection (a) shall not apply to any corporation if 
        such corporation was not in existence for the entire 3 taxable 
        year period referred to in subsection (a)(2).
    ``(c) Retained Earnings.--For purposes of this section, the term 
`retained earnings' means, with respect to any taxable year, the excess 
(if any) of--
            ``(1) the retained earnings of such corporation as of the 
        end of such taxable year, over
            ``(2) the retained earnings of such corporation as of the 
        beginning of such taxable year.
Appropriated and unappropriated retained earnings shall be taken into 
account under paragraphs (1) and (2).
    ``(d) Treatment of Predecessors.--Any reference in this section to 
a corporation shall include a reference to any predecessor of such 
corporation.''.
    (b) Clerical Amendment.--The table of sections for part II of 
subchapter A of chapter 1 of such Code is amended by redesignating the 
item relating to section 12 as an item relating to section 13 and by 
inserting after the item relating to section 11 the following new item:

``Sec. 12. Temporary surtax on increases in retained earnings of 
                            domestic corporations.''.
    (c) Deficit Reduction.--The increase in Federal revenue resulting 
from the amendments made by this section shall be deposited in the 
Treasury and used for Federal budget deficit reduction or, if there is 
no Federal budget deficit, for reducing the Federal debt in such manner 
as the Secretary of the Treasury considers appropriate.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2010.

   TITLE III--PROTECT AND STRENGTHEN SOCIAL SECURITY, MEDICARE, AND 
                                MEDICAID

            Subtitle A--Public Option Deficit Reduction Act

SEC. 3001. SHORT TITLE.

    This subtitle may be cited as the ``Public Option Deficit Reduction 
Act''.

SEC. 3002. PUBLIC HEALTH INSURANCE OPTION.

    (a) In General.--Part III of subtitle D of title I of the Patient 
Protection and Affordable Care Act (Public Law 111-148) is amended by 
adding at the end the following new section:

``SEC. 1325. PUBLIC HEALTH INSURANCE OPTION.

    ``(a) Establishment and Administration of a Public Health Insurance 
Option.--
            ``(1) Establishment.--For years beginning with 2014, the 
        Secretary of Health and Human Services (in this subtitle 
        referred to as the `Secretary') shall provide for the offering 
        through Exchanges established under this title of a health 
        benefits plan (in this Act referred to as the `public health 
        insurance option') that ensures choice, competition, and 
        stability of affordable, high-quality coverage throughout the 
        United States in accordance with this section. In designing the 
        option, the Secretary's primary responsibility is to create a 
        low-cost plan without compromising quality or access to care.
            ``(2) Offering through exchanges.--
                    ``(A) Exclusive to exchanges.--The public health 
                insurance option shall only be made available through 
                Exchanges established under this title.
                    ``(B) Ensuring a level playing field.--Consistent 
                with this section, the public health insurance option 
                shall comply with requirements that are applicable 
                under this title to health benefits plans offered 
                through such Exchanges, including requirements related 
                to benefits, benefit levels, provider networks, 
                notices, consumer protections, and cost sharing.
                    ``(C) Provision of benefit levels.--The public 
                health insurance option--
                            ``(i) shall offer bronze, silver, and gold 
                        plans; and
                            ``(ii) may offer platinum plans.
            ``(3) Administrative contracting.--The Secretary may enter 
        into contracts for the purpose of performing administrative 
        functions (including functions described in subsection (a)(4) 
        of section 1874A of the Social Security Act) with respect to 
        the public health insurance option in the same manner as the 
        Secretary may enter into contracts under subsection (a)(1) of 
        such section. The Secretary has the same authority with respect 
        to the public health insurance option as the Secretary has 
        under subsections (a)(1) and (b) of section 1874A of the Social 
        Security Act with respect to title XVIII of such Act. Contracts 
        under this subsection shall not involve the transfer of 
        insurance risk to such entity.
            ``(4) Ombudsman.--The Secretary shall establish an office 
        of the ombudsman for the public health insurance option which 
        shall have duties with respect to the public health insurance 
        option similar to the duties of the Medicare Beneficiary 
        Ombudsman under section 1808(c)(2) of the Social Security Act. 
        In addition, such office shall work with States to ensure that 
        information and notice is provided that the public health 
        insurance option is one of the health plans available through 
        an Exchange.
            ``(5) Data collection.--The Secretary shall collect such 
        data as may be required to establish premiums and payment rates 
        for the public health insurance option and for other purposes 
        under this section, including to improve quality and to reduce 
        racial, ethnic, and other disparities in health and health 
        care.
            ``(6) Access to federal courts.--The provisions of Medicare 
        (and related provisions of title II of the Social Security Act) 
        relating to access of Medicare beneficiaries to Federal courts 
        for the enforcement of rights under Medicare, including with 
        respect to amounts in controversy, shall apply to the public 
        health insurance option and individuals enrolled under such 
        option under this title in the same manner as such provisions 
        apply to Medicare and Medicare beneficiaries.
    ``(b) Premiums and Financing.--
            ``(1) Establishment of premiums.--
                    ``(A) In general.--The Secretary shall establish 
                geographically adjusted premium rates for the public 
                health insurance option--
                            ``(i) in a manner that complies with the 
                        premium rules under paragraph (3); and
                            ``(ii) at a level sufficient to fully 
                        finance the costs of--
                                    ``(I) health benefits provided by 
                                the public health insurance option; and
                                    ``(II) administrative costs related 
                                to operating the public health 
                                insurance option.
                    ``(B) Contingency margin.--In establishing premium 
                rates under subparagraph (A), the Secretary shall 
                include an appropriate amount for a contingency margin.
            ``(2) Account.--
                    ``(A) Establishment.--There is established in the 
                Treasury of the United States an account for the 
                receipts and disbursements attributable to the 
                operation of the public health insurance option, 
                including the start-up funding under subparagraph (B). 
                Section 1854(g) of the Social Security Act shall apply 
                to receipts described in the previous sentence in the 
                same manner as such section applies to payments or 
                premiums described in such section.
                    ``(B) Start-up funding.--
                            ``(i) In general.--In order to provide for 
                        the establishment of the public health 
                        insurance option there is hereby appropriated 
                        to the Secretary, out of any funds in the 
                        Treasury not otherwise appropriated, 
                        $2,000,000,000. In order to provide for initial 
                        claims reserves before the collection of 
                        premiums, there is hereby appropriated to the 
                        Secretary, out of any funds in the Treasury not 
                        otherwise appropriated, such sums as necessary 
                        to cover 90 days worth of claims reserves based 
                        on projected enrollment.
                            ``(ii) Amortization of start-up funding.--
                        The Secretary shall provide for the repayment 
                        of the startup funding provided under clause 
                        (i) to the Treasury in an amortized manner over 
                        the 10-year period beginning with 2014.
                            ``(iii) Limitation on funding.--Nothing in 
                        this subsection shall be construed as 
                        authorizing any additional appropriations to 
                        the account, other than such amounts as are 
                        otherwise provided with respect to other health 
                        benefits plans participating under the Exchange 
                        involved.
            ``(3) Insurance rating rules.--The premium rate charged for 
        the public health insurance option may not vary except as 
        provided under section 2701 of the Public Health Service Act.
    ``(c) Payment Rates for Items and Services.--
            ``(1) Rates established by secretary.--
                    ``(A) In general.--The Secretary shall establish 
                payment rates for the public health insurance option 
                for services and health care providers consistent with 
                this subsection and may change such payment rates in 
                accordance with subsection (d).
                    ``(B) Initial payment rules.--
                            ``(i) In general.--During 2014, 2015, and 
                        2016, the Secretary shall set the payment rates 
                        under this subsection for services and 
                        providers described in subparagraph (A) equal 
                        to the payment rates for equivalent services 
                        and providers under parts A and B of Medicare, 
                        subject to clause (ii), paragraphs (2)(A) and 
                        (4), and subsection (d).
                            ``(ii) Exceptions.--
                                    ``(I) Practitioners' services.--
                                Payment rates for practitioners' 
                                services otherwise established under 
                                the fee schedule under section 1848 of 
                                the Social Security Act shall be 
                                applied without regard to the 
                                provisions under subsection (f) of such 
                                section and the update under subsection 
                                (d)(4) under such section for a year as 
                                applied under this paragraph shall be 
                                not less than 1 percent.
                                    ``(II) Adjustments.--The Secretary 
                                may determine the extent to which 
                                Medicare adjustments applicable to base 
                                payment rates under parts A and B of 
                                Medicare for graduate medical education 
                                and disproportionate share hospitals 
                                shall apply under this section.
                    ``(C) For new services.--The Secretary shall modify 
                payment rates described in subparagraph (B) in order to 
                accommodate payments for services, such as well-child 
                visits, that are not otherwise covered under Medicare.
                    ``(D) Prescription drugs.--Payment rates under this 
                subsection for prescription drugs that are not paid for 
                under part A or part B of Medicare shall be at rates 
                negotiated by the Secretary.
            ``(2) Incentives for participating providers.--
                    ``(A) Initial incentive period.--
                            ``(i) In general.--The Secretary shall 
                        provide, in the case of services described in 
                        clause (ii) furnished during 2014, 2015, and 
                        2016, for payment rates that are 5 percent 
                        greater than the rates established under 
                        paragraph (1).
                            ``(ii) Services described.--The services 
                        described in this clause are items and 
                        professional services, under the public health 
                        insurance option by a physician or other health 
                        care practitioner who participates in both 
                        Medicare and the public health insurance 
                        option.
                            ``(iii) Special rules.--A pediatrician and 
                        any other health care practitioner who is a 
                        type of practitioner that does not typically 
                        participate in Medicare (as determined by the 
                        Secretary) shall also be eligible for the 
                        increased payment rates under clause (i).
                    ``(B) Subsequent periods.--Beginning with 2017 and 
                for subsequent years, the Secretary shall continue to 
                use an administrative process to set such rates in 
                order to promote payment accuracy, to ensure adequate 
                beneficiary access to providers, and to promote 
                affordability and the efficient delivery of medical 
                care consistent with subsection (a)(1). Such rates 
                shall not be set at levels expected to increase average 
                medical costs per enrollee covered under the public 
                health insurance option beyond what would be expected 
                if the process under paragraph (1)(B) and subparagraph 
                (A) were continued, as certified by the Office of the 
                Actuary of the Centers for Medicare & Medicaid 
                Services.
                    ``(C) Establishment of a provider network.--Health 
                care providers participating under Medicare are 
                participating providers in the public health insurance 
                option unless they opt out in a process established by 
                the Secretary.
            ``(3) Administrative process for setting rates.--Chapter 5 
        of title 5, United States Code shall apply to the process for 
        the initial establishment of payment rates under this 
        subsection but not to the specific methodology for establishing 
        such rates or the calculation of such rates.
            ``(4) Construction.--Nothing in this section shall be 
        construed as limiting the Secretary's authority to correct for 
        payments that are excessive or deficient, taking into account 
        the provisions of subsection (a)(1) and any appropriate 
        adjustments based on the demographic characteristics of 
        enrollees covered under the public health insurance option, but 
        in no case shall the correction of payments under this 
        paragraph result in a level of expenditures per enrollee that 
        exceeds the level of expenditures that would have occurred 
        under paragraphs (1)(B) and (2)(A), as certified by the Office 
        of the Actuary of the Centers for Medicare & Medicaid Services.
            ``(5) Construction.--Nothing in this section shall be 
        construed as affecting the authority of the Secretary to 
        establish payment rates, including payments to provide for the 
        more efficient delivery of services, such as the initiatives 
        provided for under subsection (d).
            ``(6) Limitations on review.--There shall be no 
        administrative or judicial review of a payment rate or 
        methodology established under this subsection or under 
        subsection (d).
    ``(d) Modernized Payment Initiatives and Delivery System Reform.--
            ``(1) In general.--For plan years beginning with 2014, the 
        Secretary may utilize innovative payment mechanisms and 
        policies to determine payments for items and services under the 
        public health insurance option. The payment mechanisms and 
        policies under this subsection may include patient-centered 
        medical home and other care management payments, accountable 
        care organizations, value-based purchasing, bundling of 
        services, differential payment rates, performance or 
        utilization based payments, partial capitation, and direct 
        contracting with providers. Payment rates under such payment 
        mechanisms and policies shall not be set at levels expected to 
        increase average medical costs per enrollee covered under the 
        public health insurance option beyond what would be expected if 
        the process under paragraphs (1)(B) and (2)(A) of subsection 
        (c) were continued, as certified by the Office of the Actuary 
        of the Centers for Medicare & Medicaid Services.
            ``(2) Requirements for innovative payments.--The Secretary 
        shall design and implement the payment mechanisms and policies 
        under this subsection in a manner that--
                    ``(A) seeks to--
                            ``(i) improve health outcomes;
                            ``(ii) reduce health disparities (including 
                        racial, ethnic, and other disparities);
                            ``(iii) provide efficient and affordable 
                        care;
                            ``(iv) address geographic variation in the 
                        provision of health services; or
                            ``(v) prevent or manage chronic illness; 
                        and
                    ``(B) promotes care that is integrated, patient-
                centered, high-quality, and efficient.
            ``(3) Encouraging the use of high value services.--To the 
        extent allowed by the benefit standards applied to all health 
        benefits plans participating under the Exchange involved, the 
        public health insurance option may modify cost sharing and 
        payment rates to encourage the use of services that promote 
        health and value.
            ``(4) Non-uniformity permitted.--Nothing in this subtitle 
        shall prevent the Secretary from varying payments based on 
        different payment structure models (such as accountable care 
        organizations and medical homes) under the public health 
        insurance option for different geographic areas.
    ``(e) Provider Participation.--
            ``(1) In general.--The Secretary shall establish conditions 
        of participation for health care providers under the public 
        health insurance option.
            ``(2) Licensure or certification.--The Secretary shall not 
        allow a health care provider to participate in the public 
        health insurance option unless such provider is appropriately 
        licensed or certified under State law.
            ``(3) Payment terms for providers.--
                    ``(A) Physicians.--The Secretary shall provide for 
                the annual participation of physicians under the public 
                health insurance option, for which payment may be made 
                for services furnished during the year, in one of 2 
                classes:
                            ``(i) Preferred physicians.--Those 
                        physicians who agree to accept the payment rate 
                        established under this section (without regard 
                        to cost-sharing) as the payment in full.
                            ``(ii) Participating, non-preferred 
                        physicians.--Those physicians who agree not to 
                        impose charges (in relation to the payment rate 
                        described in subsection (c) for such 
                        physicians) that exceed the ratio permitted 
                        under section 1848(g)(2)(C) of the Social 
                        Security Act.
                    ``(B) Other providers.--The Secretary shall provide 
                for the participation (on an annual or other basis 
                specified by the Secretary) of health care providers 
                (other than physicians) under the public health 
                insurance option under which payment shall only be 
                available if the provider agrees to accept the payment 
                rate established under subsection (c) (without regard 
                to cost-sharing) as the payment in full.
            ``(4) Exclusion of certain providers.--The Secretary shall 
        exclude from participation under the public health insurance 
        option a health care provider that is excluded from 
        participation in a Federal health care program (as defined in 
        section 1128B(f) of the Social Security Act).
    ``(f) Application of Fraud and Abuse Provisions.--Provisions of law 
(other than criminal law provisions) identified by the Secretary by 
regulation, in consultation with the Inspector General of the 
Department of Health and Human Services, that impose sanctions with 
respect to waste, fraud, and abuse under Medicare, such as the False 
Claims Act (31 U.S.C. 3729 et seq.), shall also apply to the public 
health insurance option.
    ``(g) Medicare Defined.--For purposes of this section, the term 
`Medicare' means the health insurance programs under title XVIII of the 
Social Security Act.''.
    (b) Conforming Amendments.--
            (1) Treatment as qualified health plan.--Section 1301(a)(2) 
        of the Patient Protection and Affordable Care Act, as amended 
        by section 10104(a) of such Act, is amended--
                    (A) in the heading, by inserting ``, The Public 
                Health Insurance Option,'' before ``and''; and
                    (B) by inserting ``the public health insurance 
                option under section 1325,'' before ``and a multi-State 
                plan''.
            (2) Level playing field.--Section 1324(a) of such Act, as 
        amended by section 10104(n) of such Act, is amended by 
        inserting ``the public health insurance option under section 
        1325,'' before ``or a multi-State qualified health plan''.

  Subtitle B--Medicare Prescription Drug Price Negotiation Act of 2011

SEC. 3101. SHORT TITLE.

    This subtitle may be cited as the ``Medicare Prescription Drug 
Price Negotiation Act of 2011''.

SEC. 3102. NEGOTIATION OF LOWER COVERED PART D DRUG PRICES ON BEHALF OF 
              MEDICARE BENEFICIARIES.

    (a) Negotiation by Secretary.--Section 1860D-11 of the Social 
Security Act (42 U.S.C. 1395w-111) is amended by striking subsection 
(i) (relating to noninterference) and inserting the following:
    ``(i) Negotiation of Lower Drug Prices.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary shall negotiate with pharmaceutical 
        manufacturers the prices (including discounts, rebates, and 
        other price concessions) that may be charged to PDP sponsors 
        and MA organizations for covered part D drugs for part D 
        eligible individuals who are enrolled under a prescription drug 
        plan or under an MA-PD plan.
            ``(2) No change in rules for formularies.--
                    ``(A) In general.--Nothing in paragraph (1) shall 
                be construed to authorize the Secretary to establish or 
                require a particular formulary.
                    ``(B) Construction.--Subparagraph (A) shall not be 
                construed as affecting the Secretary's authority to 
                ensure appropriate and adequate access to covered part 
                D drugs under prescription drug plans and under MA-PD 
                plans, including compliance of such plans with 
                formulary requirements under section 1860D-4(b)(3).
            ``(3) Construction.--Nothing in this subsection shall be 
        construed as preventing the sponsor of a prescription drug 
        plan, or an organization offering an MA-PD plan, from obtaining 
        a discount or reduction of the price for a covered part D drug 
        below the price negotiated under paragraph (1).
            ``(4) Semi-annual reports to congress.--Not later than June 
        1, 2012, and every 6 months thereafter, the Secretary shall 
        submit to the Committees on Ways and Means, Energy and 
        Commerce, and Oversight and Government Reform of the House of 
        Representatives and the Committee on Finance of the Senate a 
        report on negotiations conducted by the Secretary to achieve 
        lower prices for Medicare beneficiaries, and the prices and 
        price discounts achieved by the Secretary as a result of such 
        negotiations.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this subtitle and shall 
first apply to negotiations and prices for plan years beginning on 
January 1, 2012.

Subtitle C--Medicaid Enhancement and Emergency Job Creation Act of 2011

SEC. 3201. SHORT TITLE.

    This subtitle may be cited as the ``Medicaid Enhancement and 
Emergency Job Creation Act of 2011''.

SEC. 3202. EXTENSION OF ARRA INCREASE IN FMAP THROUGH FISCAL YEAR 2012.

    (a) In General.--Section 5001 of division B of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5), as amended by 
section 201 of Public Law 111-226, is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) in paragraph (3), by striking ``, but only for 
                the first 3 calendar quarters in fiscal year 2011.'' 
                and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) fiscal year 2011 is less than the FMAP as so 
        determines for fiscal year 2008, fiscal year 2009 (after the 
        application of paragraph (1)), fiscal year 2010 (after the 
        application of paragraph (2), or fiscal year 2011 (after the 
        application of paragraph (3)), the greatest of such FMAP for 
        the State for fiscal year 2008, fiscal year 2009, fiscal year 
        2010, or fiscal year 2011, shall be substituted for the State's 
        FMAP for fiscal year 2012 before the application of this 
        section.'';
            (2) in subsection (b)(3), by adding at the end the 
        following:
                    ``(C) Fourth quarter of fiscal year 2011 and first 
                and second quarters of fiscal year 2012.--For each 
                State, for the fourth quarter of fiscal year 2011 and 
                the first and second quarters of fiscal year 2012, the 
                FMAP percentage increase for the State under paragraph 
                (1) or (2) (as applicable) shall be 6.2 percentage 
                points.
                    ``(D) Third quarter of fiscal year 2012.--For each 
                State, for the third quarter of fiscal year 2012, the 
                FMAP percentage increase for the State under paragraph 
                (1) or (2) (as applicable) shall be 3.2 percentage 
                points.
                    ``(E) Fourth quarter of fiscal year 2011.--For each 
                State, for the fourth quarter of fiscal year 2012, the 
                FMAP percentage increase for the State under paragraph 
                (1) or (2) (as applicable) shall be 1.2 percentage 
                points.'';
            (3) in subsection (c)--
                    (A) in paragraph (2)(B), by striking ``January 1, 
                2011'' and inserting ``April 1, 2012'';
                    (B) in paragraph (3)(B)(i), by striking ``January 
                1, 2011'' and inserting ``April 1, 2012'' each place it 
                appears; and
                    (C) in paragraph (4)(C)(ii), by striking ``January 
                2011'' and inserting ``April 2012'';
            (4) in subsection (f)(1)(A), by adding at the end the 
        following: ``The previous sentence shall apply for quarters 
        beginning after the date of the enactment of this sentence in 
        the case of a State operating under a Statewide waiver as of 
        such date regardless of whether the waiver in effect on July 1, 
        2008, was renewed or extended after such date'';
            (5) in subsection (g)(1), by striking ``March 31, 2012'' 
        and inserting ``September 30, 2013''; and
            (6) in subsection (h)(3), by striking ``June 30, 2011'' and 
        inserting ``September 30, 2012''.
    (b) Payment Adjustment.--The Secretary of Health and Human Services 
shall provide, not later than 30 days after the date of the enactment 
of this subtitle, for such adjustments of payments to States under 
title XIX of the Social Security Act as may be necessary for calendar 
quarters ending before such date to reflect the amendments made by 
subsection (a).

          Subtitle D--Keeping Our Social Security Promises Act

SEC. 3301. SHORT TITLE.

    This subtitle may be cited as the ``Keeping Our Social Security 
Promises Act''.

SEC. 3302. PAYROLL TAX ON REMUNERATION UP TO CONTRIBUTION AND BENEFIT 
              BASE AND MORE THAN $250,000.

    (a) In General.--Paragraph (1) of section 3121(a) of the Internal 
Revenue Code of 1986 is amended by inserting after ``such calendar 
year.'' the following: ``The preceding sentence shall apply only to 
calendar years for which the contribution and benefit base (as so 
determined) is less than $250,000, and, for such calendar years, only 
to so much of the remuneration paid to such employee by such employer 
with respect to employment as does not exceed $250,000.''.
    (b) Conforming Amendment.--Paragraph (1) of section 3121 of the 
Internal Revenue Code of 1986 is amended by striking ``Act) to'' and 
inserting ``Act), or in excess of $250,000, to''.
    (c) Effective Date.--The amendments made by this section shall 
apply to remuneration paid after December 31, 2011.

SEC. 3303. TAX ON NET EARNINGS FROM SELF-EMPLOYMENT UP TO CONTRIBUTION 
              AND BENEFIT BASE AND MORE THAN $250,000.

    (a) In General.--Paragraph (1) of section 1402(b) of the Internal 
Revenue Code of 1986 is amended to read as follows:
            ``(1) in the case of the tax imposed by section 1401(a), 
        the excess of--
                    ``(A) that part of the net earnings from self-
                employment which is in excess of--
                            ``(i) an amount equal to the contribution 
                        and benefit base (as determined under section 
                        230 of the Social Security Act) which is 
                        effective for the calendar year in which such 
                        taxable year begins, minus
                            ``(ii) the amount of the wages paid to such 
                        individual during such taxable years; over
                    ``(B) that part of the net earnings from self-
                employment which is in excess of the sum of--
                            ``(i) the excess of--
                                    ``(I) the net earning from self-
                                employment reduced by the excess (if 
                                any) of subparagraph (A)(i) over 
                                subparagraph (A)(ii), over
                                    ``(II) $250,000, reduced by such 
                                contribution and benefit base, plus
                            ``(ii) the amount of the wages paid to such 
                        individual during such taxable year in excess 
                        of such contribution and benefit base and not 
                        in excess of $250,000; or''.
    (b) Phaseout.--Subsection (b) of section 1402 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following: 
``Paragraph (1) shall apply only to taxable years beginning in calendar 
years for which the contribution and benefit base (as determined under 
section 230 of the Social Security Act) is less than $250,000.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to net earnings from self-employment derived, and remuneration 
paid, after December 31, 2011.
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