,i #aacth ,,congress #ast ,session ,h4 ,r4 #afag ,,in ,,the ,,house ,,of ,,representatives ,april #ah1 #bjac ,ms4 ,schakowsky 7for herself1 ,mr4 ,conyers1 ,mr4 ,cummings1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,ms4 ,edwards1 ,mr4 ,holt1 ,mr4 ,honda1 ,mr4 ,johnson of ,georgia1 ,ms4 ,lee of ,california1 ,ms4 ,moore1 ,mr4 ,rangel1 ,mr4 ,ellison1 ,ms4 ,roybal-,allard1 ,ms4 ,brown of ,florida1 and ,mr4 ,grijalva7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committees on ,natural ,resources1 ,agriculture1 the ,judiciary1 ,science1 ,space1 and ,technology1 and ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to create an emergency jobs program that will fund #b1bdb1jjj positions during fiscal years #bjad and #bjae4 #a4 ,short title ,this ,act may be cited as the ,emergency ,jobs to ,restore the ,american ,dream ,act4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,school ,improvement ,corps ,sec4 #aja4 ,purpose4 ,sec4 #ajb4 ,definitions4 ,subtitle ,a--,grants for modernization1 renovation1 or repair of public school facilities ,sec4 #aaa4 ,purpose4 ,sec4 #aab4 ,allocation of funds4 ,sec4 #aac4 ,allowable uses of funds4 ,sec4 #aad4 ,priority projects4 ,subtitle ,b--,grants for maintenance ,costs ,sec4 #aae4 ,allocation to ,states4 ,sec4 #aaf4 ,allowable uses of funds4 ,subtitle ,c--,general provisions ,sec4 #aba4 ,supplement1 not supplant4 ,sec4 #abb4 ,prohibition regarding ,state aid4 ,sec4 #abc4 ,maintenance of effort4 ,sec4 #abd4 ,special rules on contracting4 ,sec4 #abe4 ,use of ,american iron1 steel1 and manufactured goods4 ,sec4 #abf4 ,labor standards2 compliance with existing statutes4 ,sec4 #abg4 ,charter schools4 ,sec4 #abh4 ,green schools4 ,sec4 #abi4 ,reporting4 ,sec4 #acj4 ,special rules4 ,sec4 #aca4 ,promotion of employment experiences4 ,sec4 #acb4 ,availability of funds4 ,sec4 #acc4 ,alternate distribution of funds4 ,title ,,ii--,student ,jobs ,corps ,sec4 #bja4 ,student ,jobs ,corps4 ,title ,,iii--,park ,improvement ,corps ,sec4 #cja4 ,appropriation of additional funds for ,public ,lands ,corps4 ,title ,,iv--,neighborhood ,heroes ,corps ,sec4 #dja4 ,teacher ,corps4 ,sec4 #djb4 ,appropriation of additional funds for ,community ,oriented ,policing ,services4 ,sec4 #djc4 ,firefighters ,corps4 ,title ,v--,health ,care ,corps ,sec4 #eja4 ,purpose4 ,sec4 #ejb4 ,health care and long-term care providers4 ,sec4 #ejc4 ,supplement1 not supplant4 ,title ,,vi--,community ,corps ,sec4 #fja4 ,purpose4 ,sec4 #fjb4 ,community ,corps4 ,sec4 #fjc4 ,application4 ,sec4 #fjd4 ,activities of the ,community ,corps4 ,sec4 #fje4 ,hiring and preferences4 ,sec4 #fjf4 ,additional requirements for ,states and units of general local government4 ,sec4 #fjg4 ,employment status and compensation4 ,sec4 #fjh4 ,nondisplacement of existing employees4 ,sec4 #fji4 ,dispute resolutions1 whistleblower hotline1 and enforcement by the ,secretary4 ,sec4 #faj4 ,definitions4 ,title ,,vii--,child ,development ,corps ,sec4 #gja4 ,purpose4 ,sec4 #gjb4 ,child ,development ,corps4 ,title ,,viii--,general ,provisions ,sec4 #hja4 ,general requirements for entities receiving funding under this ,act4 ,sec4 #hjb4 ,reporting4 ,sec4 #hjc4 ,hiring and preferences4 ,sec4 #hjd4 ,flexibility on hiring4 ,sec4 #hje4 ,nondisplacement4 ,sec4 #hjf4 ,employment status and compensation in new programs4 ,sec4 #hjg4 ,dispute resolutions1 whistleblower hotline1 and enforcement by the ,secretary4 ,sec4 #hjh4 ,termination4 ,i ,school ,improvement ,corps #aja4 ,purpose ,it is the purpose of this title to provide for the creation of #djj1jjj construction jobs for the purpose of modernizing1 renovating1 or repairing public school facilities2 and #bej1jjj maintenance jobs for the purpose of maintaining and improving public school facilities4 #ajb4 ,definitions ,in this title3 7#a7 ,the term ,bureau-funded school has the meaning given such term in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba74 7#b7 ,the term charter school has the meaning given such term in section #ebaj of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;i74 7#c7 ,the term ,,chps ,criteria means the green building rating program developed by the ,collaborative for ,high ,performance ,schools4 7#d7 ,the term ,energy ,star means the ,energy ,star program of the ,united ,states ,department of ,energy and the ,united ,states ,environmental ,protection ,agency4 7#e7 ,the term ,green ,globes means the ,green ,building ,initiative environmental design and rating system referred to as ,green ,globes4 7#f7 ,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 ,system4 7#g7 ,the term local educational agency-- 7,a7 has the meaning given such term in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja72 7,b7 includes any public charter school that constitutes a local educational agency under ,state law2 and 7,c7 includes the ,recovery ,school ,district of ,louisiana4 7#h7 ,the term outlying area-- 7,a7 means the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands2 and 7,b7 includes the ,republic of ,palau4 7#i7 ,the term public school facilities means existing public elementary or secondary school facilities1 including public charter school facilities and other existing facilities planned for adaptive reuse as public charter school facilities4 7#aj7 ,the term ,secretary means the ,secretary of ,education4 7#aa7 ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico4 ,a ,grants for modernization1 renovation1 or repair of public school facilities #aaa4 ,purpose ,grants under this subtitle shall be for the purpose of modernizing1 renovating1 or repairing public school facilities 7including early learning facilities1 as appropriate71 based on the need of the facilities for such improvements1 to ensure that public school facilities are safe1 healthy1 high-performing1 and technologically up-to-date4 #aab4 ,allocation of funds 7a7 ,reservation 7#a7 ,in general ,from the amount appropriated to carry out this subtitle for each fiscal year pursuant to section #acb7;a77#a71 the ,secretary shall reserve #b percent of such amount1 consistent with the purpose described in section #acb7;a77#a7-- 7,a7 to provide assistance to the outlying areas2 and 7,b7 for payments to the ,secretary of the ,interior to provide assistance to ,bureau-funded schools4 7#b7 ,use of reserved funds ,in each fiscal year1 the amount reserved under paragraph 7#a7 shall be divided between the uses described in subparagraphs 7,a7 and 7,b7 of such paragraph in the same proportion as the amount reserved under section #aaba7;a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcca7;a77 is divided between the uses described in paragraphs 7#a7 and 7#b7 of such section #aaba7;a7 in such fiscal year4 7#c7 ,distressed areas and natural disasters ,from the amount appropriated to carry out this subtitle for each fiscal year pursuant to section #acb7;a71 the ,secretary shall reserve #e percent of such amount for grants to-- 7,a7 local educational agencies serving geographic areas with significant economic distress1 to be used consistent with the purpose described in section #aaa and the allowable uses of funds described in section #aac2 7,b7 local educational agencies serving geographic areas recovering from a natural disaster2 and 7,c7 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 #aiij 7part ,a of title ,,xxix of ,public ,law #aja-eaj2 #aj ,u4,s4,c4 #bfhg note74 7b7 ,allocation to ,states 7#a7 ,state-by-,state allocation ,of the amount appropriated to carry out this subtitle for each fiscal year pursuant to section #acb7;a77#a71 and not reserved under subsection 7a71 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 #aife 7#bj ,u4,s4,c4 #fcaa et seq47 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 year4 7#b7 ,state administration ,a ,state may reserve up to #a percent of its allocation under paragraph 7#a7 to carry out its responsibilities under this subtitle1 which include-- 7,a7 providing technical assistance to local educational agencies2 7,b7 developing an online1 publicly searchable database that includes an inventory of public school facilities in the ,state1 including for each such facility1 its design1 condition1 modernization1 renovation and repair needs1 utilization1 energy use1 and carbon footprint2 and 7,c7 creating voluntary guidelines for high-performing school buildings1 including guidelines concerning the following3 7i7 ,site location1 storm water management1 outdoor surfaces1 outdoor lighting1 and transportation1 including public transit and pedestrian and bicycle accessability4 7ii7 ,outdoor water systems1 landscaping to minimize water use1 including elimination of irrigation systems for landscaping1 and indoor water use reduction4 7iii7 ,energy efficiency 7including minimum and superior standards1 such as for heating1 ventilation1 and air conditioning systems71 use of alternative energy sources1 commissioning1 and training4 7iv7 ,use of durable1 sustainable materials1 including life-cycle cost effectiveness1 and waste reduction4 7v7 ,indoor environmental quality1 such as day lighting in classrooms1 lighting quality1 indoor air quality 7including with reference to reducing the incidence and effects of asthma and other respiratory illnesses71 acoustics1 and thermal comfort4 7vi7 ,operations and management1 such as use of energy-efficient equipment1 indoor environmental management plan1 maintenance plan1 and pest management4 7#c7 ,grants to local educational agencies ,from the amount allocated to a ,state under paragraph 7#a71 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 #aife 7#bj ,u4,s4,c4 #fcaa et seq47 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 year1 except that no local educational agency that received funds under such part for such fiscal year shall receive a grant of less than #e1jjj in any fiscal year under this subtitle4 7#d7 ,special rule ,section #aabb7;c77#c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccb7;c77#c77 shall not apply to paragraph 7#a7 or 7#c74 7c7 ,special rules 7#a7 ,distributions by ,secretary ,the ,secretary shall make and distribute the reservations and allocations described in subsections 7a7 and 7b7 not later than #ij days after an appropriation of funds for this subtitle is made4 7#b7 ,distributions by ,states ,a ,state shall make and distribute the allocations described in subsection 7b77#c7 within #fj days of receiving such funds from the ,secretary4 #aac4 ,allowable uses of funds 7a7 ,in general ,a local educational agency receiving a grant under this subtitle shall use the grant for modernization1 renovation1 or repair of public school facilities 7including early learning facilities and charter schools1 as appropriate71 including-- 7#a7 repair1 replacement1 or installation of roofs1 including extensive1 intensive or semi-intensive green roofs1 electrical wiring1 water supply and plumbing systems1 sewage systems1 storm water runoff systems1 lighting systems1 building envelope1 windows1 ceilings1 flooring1 or doors1 including security doors2 7#b7 repair1 replacement1 or installation of heating1 ventilation1 or air conditioning systems1 including insulation1 and conducting indoor air quality assessments2 7#c7 compliance with fire1 health1 seismic1 and safety codes1 including professional installation of fire and life safety alarms1 and modernizations1 renovations1 and repairs that ensure that schools are prepared for emergencies1 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 terrorism1 campus violence1 and natural disasters2 7#d7 retrofitting necessary to increase the energy efficiency and water efficiency of public school facilities2 7#e7 modifications necessary to make facilities accessible in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 and section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 7#f7 abatement1 removal1 or interim controls of asbestos1 polychlorinated biphenyls1 mold1 mildew1 lead-based hazards1 including lead-based paint hazards1 or a proven carcinogen2 7#g7 measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution2 7#h7 modernization1 renovation1 or repair necessary to reduce the consumption of coal1 electricity1 land1 natural gas1 oil1 or water2 7#i7 installation or upgrading of educational technology infrastructure2 7#aj7 modernization1 renovation1 or repair of science and engineering laboratories1 libraries1 and career and technical education facilities1 and improvements to building infrastructure to accommodate bicycle and pedestrian access2 7#aa7 installation or upgrading of renewable energy generation and heating systems1 including solar1 photovoltaic1 wind1 biomass 7including wood pellet and woody biomass71 waste-to-energy1 and solar-thermal and geothermal systems1 and for energy audits2 7#ab7 measures designed to reduce or eliminate human exposure to airborne particles such as dust1 sand1 and pollens2 7#ac7 creating greenhouses1 gardens 7including trees71 and other facilities for environmental1 scientific1 or other educational purposes1 or to produce energy savings2 7#ad7 modernizing1 renovating1 or repairing physical education facilities for students1 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 #fjjb7;e7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fifb7;e772 7#ae7 other modernization1 renovation1 or repair of public school facilities to-- 7,a7 improve teachers' ability to teach and students' ability to learn2 7,b7 ensure the health and safety of students and staff2 7,c7 make them more energy efficient2 or 7,d7 reduce class size2 and 7#af7 required environmental remediation related to modernization1 renovation1 or repair described in paragraphs 7#a7 through 7#ae74 7b7 ,administrative costs ,a local educational agency receiving a grant under this title may not use more than #a percent of such grant funds for administrative costs4 #aad4 ,priority projects ,in selecting a project under section #aac1 a local educational agency may give priority to projects involving the abatement1 removal1 or interim controls of asbestos1 polychlorinated biphenyls1 mold1 mildew1 lead-based hazards1 including lead-based paint hazards1 or a proven carcinogen4 ,b ,grants for maintenance ,costs #aae4 ,allocation to ,states 7a7 ,state-by-,state allocation ,of the amount appropriated to carry out this subtitle for each fiscal year pursuant to section #acb7;a77#b71 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 #aife 7#bj ,u4,s4,c4 #fcaa et seq47 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 year4 7b7 ,grants to local educational agencies ,from the amount allocated to a ,state under subsection 7a71 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 #aife 7#bj ,u4,s4,c4 #fcaa et seq47 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 year4 #aaf4 ,allowable uses of funds 7a7 ,required use of funds ,a local educational agency receiving a grant under this subtitle shall use the grant for payment of maintenance costs1 including routine repairs classified as current expenditures under ,state or local law4 7b7 ,administrative costs ,a local educational agency receiving a grant under this subtitle may not use more than #a percent of such grant funds for administrative costs4 ,c ,general provisions #aba4 ,supplement1 not supplant ,a local educational agency receiving a grant under this title shall use such ,federal funds only to supplement and not supplant the amount of funds that would1 in the absence of such ,federal funds1 be available for modernization1 renovation1 repair1 maintenance1 and construction of public school facilities4 #abb4 ,prohibition regarding ,state aid ,a ,state shall not take into consideration payments under this title in determining the eligibility of any local educational agency in that ,state for ,state aid1 or the amount of ,state aid1 with respect to free public education of children4 #abc4 ,maintenance of effort 7a7 ,in general ,a local educational agency may receive a grant under this title for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the ,state involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than #ij percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year4 7b7 ,waiver ,the ,secretary shall waive the requirements of this section if the ,secretary determines that a waiver would be equitable due to-- 7#a7 exceptional or uncontrollable circumstances1 such as a natural disaster2 or 7#b7 a precipitous decline in the financial resources of the local educational agency4 #abd4 ,special rules on contracting 7a7 ,local educational agency requirements 7#a7 ,in general ,each local educational agency receiving a grant under this title shall ensure that1 if the agency carries out modernization1 renovation1 repair1 maintenance1 or construction through a contract1 the process for any such contract ensures the maximum number of qualified bidders1 including local1 small1 minority1 and women- and veteran-owned businesses1 through full and open competition4 7#b7 ,review of applications ,in reviewing awarding contracts under paragraph 7#a71 a local educational agency shall give preference to businesses that demonstrate-- 7,a7 current and past compliance with ,federal and ,state labor laws1 including laws concerning wage and hour1 labor relations1 family and medical leave1 occupational safety and health1 and living wage standards2 and 7,b7 terms and conditions of employment including payment of living wage2 availability of sick1 vacation and retirement benefits2 and existence of grievance procedures and labor-management committees4 7b7 ,certification by businesses ,any business competing for a contract with a local educational agency receiving funds under this title shall certify to the local educational agency that the business has a record of compliance and is currently in compliance with ,federal1 ,state1 and local labor and workplace laws1 including statutes concerning wage and hour1 labor relations1 family and medical leave1 occupational safety and health1 and living wage standards4 #abe4 ,use of ,american iron1 steel1 and manufactured goods 7a7 ,in general ,none of the funds appropriated or otherwise made available by this title may be used for a project for the modernization1 renovation1 repair1 maintenance1 or construction of a public school facility unless all of the iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7b7 ,exceptions ,subsection 7a7 shall not apply in any case or category of cases in which the ,secretary finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 iron1 steel1 and the relevant manufactured goods are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7#c7 inclusion of iron1 steel1 and manufactured goods produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7c7 ,publication of justification ,if the ,secretary determines that it is necessary to waive the application of subsection 7a7 based on a finding under subsection 7b71 the ,secretary shall publish in the ,federal ,register a detailed written justification of the determination4 7d7 ,construction ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 #abf4 ,labor standards2 compliance with existing statutes 7a7 ,in general ,the grant programs under this subtitle are applicable programs 7as that term is defined in section #djj of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba77 subject to section #dci of such ,act 7#bj ,u4,s4,c4 #abcb;b74 7b7 ,compliance with existing statutes ,each local educational agency receiving a grant under this title shall comply with all applicable ,federal1 ,state1 and local health1 safety1 labor1 and civil rights laws4 #abg4 ,charter schools ,a local educational agency receiving a grant under this title may reserve an amount of that grant for charter schools within its jurisdiction for modernization1 renovation1 repair1 and construction1 or maintenance of charter school facilities 7including early learning facilities1 as appropriate74 #abh4 ,green schools 7a7 ,in general ,a local educational agency receiving a grant under this title shall1 to the maximum extent practicable1 use such funds for public school modernization1 renovation1 repair1 or construction or maintenance that are certified1 verified1 or consistent with any applicable provisions of-- 7#a7 the ,,leed ,green ,building ,rating ,system2 7#b7 ,energy ,star2 7#c7 the ,,chps ,criteria2 7#d7 ,green ,globes2 or 7#e7 an equivalent program adopted by the ,state1 or another jurisdiction with authority over the local educational agency1 that includes a verifiable method to demonstrate compliance with such program4 7b7 ,rule of construction ,nothing in this section shall be construed to prohibit a local educational agency from using sustainable1 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 #aigh 7#af ,u4,s4,c4 #afda et seq47 for public school modernization1 renovation1 repairs1 or construction4 7c7 ,technical assistance ,the ,secretary1 in consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 shall provide outreach and technical assistance to ,states and local educational agencies concerning the best practices in school modernization1 renovation1 repair1 and construction1 including those related to student academic achievement1 student and staff health1 energy efficiency1 and environmental protection4 #abi4 ,reporting 7a7 ,reports by local educational agencies ,local educational agencies receiving a grant under this title shall annually compile a report describing the projects for which such funds were used1 including-- 7#a7 the number and identity of public schools in the agency1 including the number of charter schools1 and for each school1 the total number of students1 and the number of students counted under section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcac7;a77#e772 7#b7 the total amount of funds received by the local educational agency under this title1 and for each public school in the agency1 including each charter school1 the amount of such funds expended1 and the types of modernization1 renovation1 repair1 or construction projects for which such funds were used2 7#c7 the number of students impacted by such projects1 including the number of students so impacted who are counted under section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcac7;a77#e772 7#d7 the number of public schools in the agency with a metro-centric locale code of #da1 #db1 or #dc as determined by the ,national ,center for ,education ,statistics and the percentage of funds received by the agency under subtitle ,a or subtitle ,b of this title that were used for projects at such schools2 7#e7 the number of public schools in the agency that are eligible for schoolwide programs under section #aaad of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcad7 and the percentage of funds received by the agency under subtitle ,a or subtitle ,b of this title that were used for projects at such schools2 7#f7 for each project-- 7,a7 the cost2 7,b7 the standard described in section #abh7;a7 with which the use of the funds complied or1 if the use of funds did not comply with a standard described in section #abh7;a71 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 manner2 and 7,c7 any demonstrable or expected benefits as a result of the project 7such as energy savings1 improved indoor environmental quality1 student and staff health1 including the reduction of the incidence and effects of asthma and other respiratory illnesses1 and improved climate for teaching and learning72 7#g7 the total number and amount of contracts awarded1 and the number and amount of contracts awarded to local1 small1 minority1 women1 and veteran-owned businesses2 and 7#h7 the total number of jobs created by funding under this title by-- 7,a7 the local educational agency2 and 7,b7 contractors who performed work for the local educational agency under this title4 7b7 ,availability of reports ,a local educational agency shall-- 7#a7 submit the report described in subsection 7a7 to the ,state educational agency1 which shall compile such information and report it annually to the ,secretary2 and 7#b7 make the report described in subsection 7a7 publicly available1 including on the agency's ,web site4 7c7 ,reports by ,secretary ,not later than ,march #ca of each fiscal year1 the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and make available on the ,department of ,education's ,web site1 a report on grants made under this subtitle1 including the information from the reports described in subsection 7b77#a74 #acj4 ,special rules ,notwithstanding any other provision of this subtitle1 none of the funds authorized by this title may be-- 7#a7 used to employ workers in violation of section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a72 or 7#b7 distributed to a local educational agency that does not have a policy that requires a criminal background check on all employees of the agency4 #aca4 ,promotion of employment experiences ,the ,secretary of ,education1 in consultation with the ,secretary of ,labor1 shall work with recipients of funds under this subtitle to promote appropriate opportunities to gain employment experience working on modernization1 renovation1 repair1 maintenance1 and construction projects funded under this subtitle for-- 7#a7 participants in a ,youth,build program 7as defined in section #agc;,a of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #biah;a772 7#b7 individuals enrolled in the ,job ,corps program carried out under subtitle ,c of title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhha et seq472 7#c7 individuals enrolled in a junior or community college 7as defined in section #cab7;f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh7;f777 certificate or degree program relating to projects described in section #abh7;a72 and 7#d7 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 #aicg 7#bi ,u4,s4,c4 #ej et seq474 #acb4 ,availability of funds 7a7 ,authorization and appropriation ,there are authorized to be appropriated1 and there are appropriated1 for each of fiscal years #bjad and #bjae-- 7#a7 to carry out subtitle ,a 7in addition to any other amounts appropriated to carry out such title and out of any money in the ,treasury not otherwise appropriated71 #dj1jjj1jjj1jjj2 and 7#b7 to carry out subtitle ,b 7in addition to any other amounts appropriated to carry out such title and out of any money in the ,treasury not otherwise appropriated71 #aj1jjj1jjj1jjj4 7b7 ,prohibition on earmarks ,none of the funds appropriated under this section may be used for a ,congressional earmark as defined in clause #i7;d7 of rule ,,xxi of the ,rules of the ,house of ,representatives for the #aabth ,congress4 7c7 ,sunset ,the authority to award grants under this title shall expire at the end of fiscal year #bjae4 #acc4 ,alternate distribution of funds ,if1 within #cj days after the date of the enactment of this ,act1 a local educational agency has submitted to the ,secretary a certification that they are refusing funds they are eligible to receive under this title1 the ,secretary shall provide for funds allocated to that local educational agency to be distributed to another entity or other entities in the ,state1 under such terms and conditions as the ,secretary may establish1 provided that all terms and conditions that apply to funds appropriated under this section shall apply to such funds distributed to such entity or entities4 ,,ii ,student ,jobs ,corps #bja4 ,student ,jobs ,corps 7a7 ,purpose ,it is the purpose of this section to provide for an additional #bej1jjj part-time work-study jobs through the ,federal ,work-,study ,program under part ,c of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #bgea et seq474 7b7 ,appropriation of additional amounts ,there are authorized to be appropriated1 and there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 to the ,secretary of ,education #dbe1jjj1jjj for each of the fiscal years #bjad and #bjae for grants to institutions of higher education under part ,c of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #bgea et seq47 for payments to students participating in work-study programs in accordance with such part4 7c7 ,relation to other funds ,amounts appropriated by subsection 7b7 are in addition to amounts appropriated pursuant to the authorization of appropriations in section #dda7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #bgea7;b77 and amounts otherwise made available by any other ,act for the ,federal ,work-,study program under part ,c of such ,act of #aife4 7d7 ,matching funds not required ,notwithstanding section #ddc7;b77#e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #bgec7;b77#e77 or an agreement made pursuant to such section #ddc1 an institution of higher education shall not be required to provide matching funds for any funds made available to the institution by this section4 ,,iii ,park ,improvement ,corps #cja4 ,appropriation of additional funds for ,public ,lands ,corps 7a7 ,purpose ,it is the purpose of this section to provide for the creation of an additional #ajj1jjj positions in the ,public ,lands ,corps established under section #bjd of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbc74 7b7 ,appropriation of additional appropriations 7#a7 ,forest ,service ,there are authorized to be appropriated1 and there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 to the ,secretary of ,agriculture #abe1jjj1jjj for each of fiscal years #bjad and #bjae-- 7,a7 to carry out the ,public ,lands ,corps established in the ,department of ,agriculture under section #bjd of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbc72 7,b7 to support qualified youth or conservation corps to perform conservation projects referred to in subsection 7d7 of such section2 and 7,c7 to support resource assistants selected under section #bjf of such ,act 7#af ,u4,s4,c4 #agbe74 7#b7 ,department of the ,interior ,there are authorized to be appropriated1 and there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 to the ,secretary of the ,interior #abe1jjj1jjj for each of fiscal years #bjac and #bjae-- 7,a7 to carry out the ,public ,lands ,corps established in the ,department of the ,interior under section #bjd of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbc72 7,b7 to support qualified youth or conservation corps to perform conservation projects referred to in subsection 7d7 of such section2 and 7,c7 to support resource assistants selected under section #bjf of such ,act 7#af ,u4,s4,c4 #agbe74 7c7 ,relation to other funds for ,public ,lands ,corps ,amounts appropriated by subsection 7b7 are in addition to amounts appropriated pursuant to the authorization of appropriations in section #baa of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agcj7 and amounts allocated to the ,public ,lands ,corps through other ,federal programs or projects4 7d7 ,expedited obligation of funds ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary of the ,interior shall commence obligation of the funds appropriated by subsection 7b7 for fiscal year #bjad by utilizing the pool of remaining applications for fiscal year #bjac assistance under the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agba et seq474 ,if the number of fiscal year #bjac applications is insufficient to use the entire amount of the additional funds appropriated for fiscal year #bjad1 the ,secretaries shall announce an open solicitation process for new applications for assistance4 7e7 ,waiver of cost-,sharing requirements ,the cost-sharing requirements of sections #bjf7;b7 and #baj of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbe1 #agcj7 shall not apply with respect to the expenditure of amounts appropriated by subsection 7b74 ,,iv ,neighborhood ,heroes ,corps #dja4 ,teacher ,corps 7a7 ,purpose ,it is the purpose of this section to provide for the retention1 rehiring1 and hiring of #cjj1jjj education jobs4 7b7 ,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 ,corps1 #bj1jjj1jjj1jjj for each of fiscal years #bjad and #bjae3 ,provided1 ,that the amount under this section shall be administered under the terms and conditions of sections #adjja through #adjac and title ,,xv of division ,a of the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e7 except as follows3 7#a7 ,allocation of funds 7,a7 ,funds appropriated under this section shall be available only for allocation by the ,secretary of ,education 7in this section referred to as the ,secretary7 in accordance with subsections 7a71 7b71 7d71 7e71 and 7f7 of section #adjja of division ,a of ,public ,law #aaa-e and subparagraph 7,b7 of this paragraph1 except that the amount reserved under such subsection 7b7 shall not exceed #d1jjj1jjj and such subsection 7f7 shall be applied by substituting one year for two years4 7,b7 ,prior to allocating funds to ,states under section #adjja7;d7 of division ,a of ,public ,law #aaa-e1 the ,secretary shall allocate #j4e 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 determine4 7#b7 ,reservation ,a ,state that receives an allocation of funds appropriated under this section may reserve not more than #a percent for the administrative costs of carrying out its responsibilities with respect to those funds4 7#c7 ,awards to local educational agencies 7,a7 ,except as specified in paragraph 7#b71 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 7#e7 for the #bjac-bjad and #bjad-bjae school years4 7,b7 ,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 #aife 7#bj ,u4,s4,c4 #fcaa et seq47 for the most recent fiscal year for which data are available4 7,c7 ,subsections 7a7 and 7b7 of section #adjjb of division ,a of ,public ,law #aaa-e shall not apply to funds appropriated under this section4 7#d7 ,compliance with education reform assurances ,for purposes of awarding funds appropriated under this section1 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 #ag1 #bjji 7#gd ,fed4 ,reg4 #eiadb7 shall be deemed to be in compliance with subsection 7b7 and paragraphs 7#b7 through 7#e7 of subsection 7d7 of section #adjje of division ,a of ,public ,law #aaa-e4 7#e7 ,requirement to use funds to retain or create education jobs ,notwithstanding section #adjjc7;a7 of division ,a of ,public ,law #aaa-e1 funds awarded to local educational agencies under paragraph 7#c7-- 7,a7 may be used only for compensation and benefits and other expenses1 such as support services1 necessary to retain existing employees1 to recall or rehire former employees1 and to hire new employees1 in order to provide early childhood1 elementary1 or secondary educational and related services2 and 7,b7 may not use more than #a percent of such grant funds for administrative costs4 7#f7 ,prohibition on use of funds for rainy-day funds or debt retirement ,a ,state that receives an allocation may not use such funds1 directly or indirectly1 to-- 7,a7 establish1 restore1 or supplement a rainy-day fund2 7,b7 supplant ,state funds in a manner that has the effect of establishing1 restoring1 or supplementing a rainy-day fund2 7,c7 reduce or retire debt obligations incurred by the ,state2 or 7,d7 supplant ,state funds in a manner that has the effect of reducing or retiring debt obligations incurred by the ,state4 7#g7 ,supplement1 not supplant ,funds made available under this section shall be used to supplement1 not supplant1 the amount of funds that would1 in the absence of the ,federal funds made available under this section1 be made available from local1 ,state1 and ,federal sources to provide compensation and other expenses such as support services1 necessary to retain existing employees1 to recall or rehire former employees1 and to hire new employees1 in order to provide early childhood1 elementary1 or secondary educational and related services4 7#h7 ,deadline for award ,the ,secretary shall award funds appropriated under this section not later than #de days after the date of the enactment of this ,act to ,states that have submitted applications meeting the requirements applicable to funds under this section4 ,the ,secretary shall not require information in applications beyond what is necessary to determine compliance with applicable provisions of law4 7#i7 ,alternate distribution of funds ,if1 within #cj days after the date of the enactment of this ,act1 a ,governor has not submitted an approvable application1 the ,secretary shall provide for funds allocated to that ,state to be distributed to another entity or other entities in the ,state 7notwithstanding section #adjja7;e7 of division ,a of ,public ,law #aaa-e7 for support of elementary and secondary education1 under such terms and conditions as the ,secretary may establish1 provided that all terms and conditions that apply to funds appropriated under this section shall apply to such funds distributed to such entity or entities4 ,no distribution shall be made to a ,state under this paragraph1 however1 unless the ,secretary has determined 7on the basis of such information as may be available7 that the requirements of paragraph 7#aa7 are likely to be met1 notwithstanding the lack of an application from the ,governor of that ,state4 7#aj7 ,local educational agency application ,section #ddb 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 #aaa-e4 ,the assurances provided under that application shall continue to apply to funds awarded under this section4 7#aa7 ,maintenance of effort 7,a7 ,in general ,subject to subparagraph 7,b71 a local educational agency may receive a grant under this title for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the ,state involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than #ij percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year4 7,b7 ,waiver ,the ,secretary shall waive the requirements of this section if the ,secretary determines that a waiver would be equitable due to-- 7i7 exceptional or uncontrollable circumstances1 such as a natural disaster2 or 7ii7 a precipitous decline in the financial resources of the local educational agency4 7,c7 ,,arra provision not applicable ,section #adjje7;d77#a7 and subsections 7a7 through 7c7 of section #adjab of division ,a of ,public ,law #aaa-e shall not apply to funds appropriated under this section4 #djb4 ,appropriation of additional funds for ,community ,oriented ,policing ,services 7a7 ,purpose ,it is the purpose of this section to provide for the hiring and rehiring of an additional #dj1jjj ,state1 local1 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 #aifh 7#db ,u4,s4,c4 #cgif;dd et seq474 7b7 ,authorization and appropriation of additional amounts ,there are authorized to be appropriated1 and there are hereby appropriated1 out of amounts in the ,treasury not otherwise appropriated1 to the ,attorney ,general #e1jjj1jjj1jjj for each of the fiscal years #bjad and #bjae for grants under section #agja7;b77#a7 and 7#b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd7b77#a7 and 7#b77 for hiring and rehiring of additional career law enforcement officers under part ,q of such title1 notwithstanding subsection 7i7 of such section4 7c7 ,relation to other funds for ,,cops ,amounts appropriated by subsection 7b7 are in addition to amounts appropriated pursuant to the authorization of appropriations in section #ajja7;a77#aa7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgic7;a77#aa77 and amounts otherwise made available for grants under section #agja of such ,act 7#db ,u4,s4,c4 #cgif;dd7 by any other ,act4 7d7 ,expedited obligation of funds ,not later than #ij days after the date of the enactment of this ,act1 the ,attorney ,general shall commence obligation of the funds appropriated by subsection 7b7 for fiscal year #bjad by utilizing the pool of applicants who submitted applications for fiscal year #bjac grants under part ,q of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd et seq47 but did not receive funding under such part for such fiscal year for hiring and rehiring of additional career law enforcement officers4 ,if the number of such fiscal year #bjac applicants is insufficient to use the entire amount of the additional funds appropriated for fiscal year #bjad1 the ,attorney ,general shall announce an open solicitation process for new applications for grants1 to be submitted in accordance with the requirements of section #agjb of such ,act 7#db ,u4,s4,c4 #cgif;dd-#a74 7e7 ,waiver of certain requirements ,notwithstanding any other provision of law1 subsection 7g7 of section #agja of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd7g77 and subsection 7c7 of section #agjd of such ,act 7#db ,u4,s4,c4 #cgif;dd-#c7;c77 shall not apply with respect to grants awarded using any funds made available under this section4 #djc4 ,firefighters ,corps 7a7 ,purpose ,it is the purpose of this section to provide for the hiring and rehiring of an additional #ab1jjj firefighters through section #cd of the ,federal ,fire ,prevention and ,control ,act of #aigd 7#ae ,u4,s4,c4 #bbbi;a74 7b7 ,amendment authorizing funds ,section #cd7;i7 of the ,federal ,fire ,prevention and ,control ,act of #aigd 7#ae ,u4,s4,c4 #bbbi;a7i77 is amended-- 7#a7 in paragraph 7#f7 by striking and2 7#b7 in paragraph 7#g7 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#h7 #a1bjj1jjj1jjj for fiscal year #bjad2 and 7#i7 #a1bjj1jjj1jjj for fiscal year #bjae4 4 7c7 ,appropriation 7#a7 ,in general ,there is hereby appropriated out of any money in the ,treasury not otherwise appropriated #a1bjj1jjj1jjj for each of the fiscal years #bjac and #bjae to carry out section #cd of the ,federal ,fire ,prevention and ,control ,act of #aigd 7#ae ,u4,s4,c4 #bbbi;a74 7#b7 ,limitation ,none of the funds made available under paragraph 7#a7 of this ,act may be used to enforce the requirements of subparagraphs 7,a71 7,b71 or 7,e7 of subsection 7a77#a7 or paragraphs 7#a71 7#b71 or 7#d77;,a7 of subsection 7c7 of such section #cd4 7d7 ,expedited obligation of funds ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall commence obligation of the funds appropriated by subsection 7c7 for fiscal year #bjad by utilizing the pool of applicants who submitted applications for fiscal year #bjac grants under section #cd of the ,federal ,fire ,prevention and ,control ,act of #aigd but did not receive funding under such section for such fiscal year for hiring and rehiring of additional firefighters4 ,if the number of such fiscal year #bjac applicants is insufficient to use the entire amount of the additional funds appropriated for fiscal year #bjad1 the ,secretary of ,homeland ,security shall announce an open solicitation process for new applications for grants1 to be submitted in accordance with the requirements of such section #cd4 ,v ,health ,care ,corps #eja4 ,purpose ,it is the purpose of this title to provide for the creation of a grant to hire at least #dj1jjj health care and long-term care professionals to expand access to care4 #ejb4 ,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 7#db ,u4,s4,c4 #bedl et seq47 the following3 ,,iv ,hiring and retaining additional health care and long-,term care professionals #cch,n4 ,hiring and retaining additional health care and long-term care professionals 7a7 ,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 who1 but for such assistance1 would be hired and retained4 7b7 ,eligible assistance recipients ,health care and long-term care providers eligible for assistance under subsection 7a7 include the following3 7#a7 ,a health care or long-term care provider serving a health professional shortage area designated under section #ccb4 7#b7 ,a ,federally qualified health center 7as defined in section #ahfa7;aa7 of the ,social ,security ,act74 7#c7 ,a rural health clinic4 7#d7 ,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 ,,xxi1 respectively1 of such ,act4 7#e7 ,a public hospital4 7#f7 ,a public health agency4 7#g7 ,a nursing home or long-term care facility4 7#h7 ,an intermediate care or developmentally disabled facility4 7#i7 ,a critical access hospital4 7#aj7 ,a school-based health center4 7#aa7 ,a university or college mental health facility4 7#ab7 ,an ,indian health program or facility operated by an ,indian tribe or tribal organization4 7#ac7 ,a correctional facility4 7c7 ,eligible health professionals ,health care and long-term care professionals who may be hired or retained using assistance provided under this section include the following3 7#a7 ,dentists4 7#b7 ,certified nurse midwives4 7#c7 ,psychologists4 7#d7 ,licensed clinical social workers4 7#e7 ,licensed professional counselors4 7#f7 ,marriage and family therapists4 7#g7 ,nurse practitioners1 including those specializing in psychiatry4 7#h7 ,nurses1 including advanced practice nurses4 7#i7 ,physicians1 including osteopathic physicians4 7#aj7 ,physician assistants1 including those specializing in psychiatry4 7#aa7 ,psychiatric nurse specialists4 7#ab7 ,registered dental hygienists4 7#ac7 ,community health workers4 7#ad7 ,occupational and physical therapists4 7#ae7 ,optometrists4 7#af7 ,certified nursing assistants4 7#ag7 ,direct care workers4 7d7 ,application process 7#a7 ,in general ,the ,secretary shall-- 7,a7 not later than #fj days after the date of the enactment of this section1 solicit applications for financial assistance under this section2 7,b7 require that any such application be submitted-- 7i7 not later than #ij days after the date of the enactment of this section2 and 7ii7 in such manner and containing such information as the ,secretary may require2 and 7,c7 not later than #abj days after the date of the enactment of this section1 determine which such applications will be approved and provide notice of such determination to the applicants4 7#b7 ,compliance with labor and workplace laws ,as a condition on eligibility for financial assistance under this section1 an application under paragraph 7#a7 shall demonstrate to the ,secretary's satisfaction that the applicant has a record of compliance1 and is currently in compliance1 with ,federal1 ,state1 and local labor and workplace laws1 including ,federal1 ,state1 and local laws-- 7,a7 relevant to hiring and retaining health care or long-term care professionals1 such as laws-- 7i7 requiring background checks in connection with hiring2 7ii7 requiring such professionals to be licensed or certified2 or 7iii7 limiting the scope of practice2 7,b7 concerning wage and hour1 labor relations1 family and medical leave1 occupational safety and health1 or living wage standards2 or 7,c7 concerning other terms and conditions of employment such as the availability of sick1 vacation1 and retirement benefits and the existence of grievance procedures and labor-management committees4 7e7 ,authorization and appropriation of additional amounts ,to carry out this section1 there are authorized to be appropriated1 and there are hereby appropriated to the ,department of ,health and ,human ,services1 out of amounts in the ,treasury not otherwise appropriated1 #d1jjj1jjj1jjj for each of fiscal years #bjac and #bjae4 4 #ejc4 ,supplement1 not supplant ,a health care or long-term care provider receiving a grant under this title shall use such ,federal funds only to supplement and not supplant the amount of funds that would1 in the absence of such ,federal funds1 be available for hiring and retaining health care or long-term care professionals4 ,,vi ,community ,corps #fja4 ,purpose ,it is the purpose of this title to provide for the creation of an additional #gej1jjj jobs through funding to ,states and units of general local government to establish and administer a ,community ,corps4 #fjb4 ,community ,corps 7a7 ,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 ,labor1 in consultation with the ,secretary of ,housing and ,urban ,development1 to provide to ,states and units of general local government to establish and administer a ,community ,corps1 #cj1jjj1jjj1jjj for each of fiscal years #bjac and #bjae4 7b7 ,allotment ,formula 7#a7 ,reservations by the ,secretary ,of the amount appropriated under subsection 7a7 for each fiscal year1 the ,secretary may reserve-- 7,a7 not more than #a percent to administer this title2 and 7,b7 not more than #j4e percent to award grants1 on a competitive basis1 to ,indian tribes for purposes of this title4 7#b7 ,making ,funds ,available for ,allotment by the ,secretary ,of the amounts appropriated under subsection 7a7 and not reserved under paragraph 7#a7 of this subsection1 the ,secretary shall allot the amounts for each fiscal year as follows3 7,a7 ,seventy percent to entitlement communities1 of which the ,secretary shall allot-- 7i7 #be 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 communities2 7ii7 #be 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 communities2 and 7iii7 #ej 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 communities4 7,b7 ,thirty percent to ,states1 of which the ,secretary shall allot-- 7i7 #be 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 ,states2 7ii7 #be 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 ,states2 and 7iii7 #ej 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 ,states4 7#c7 ,reservation and ,allotments by ,states 7,a7 ,reservation ,of the amount of funds allotted to a ,state under paragraph 7#b77;,b7 for each fiscal year1 a ,state may reserve not more than #ej percent to carry out a ,state-wide ,community ,corps4 7,b7 ,allotments by ,states ,a ,state shall provide all of the funds allotted to the ,state under paragraph 7#b77;,b7 that are not reserved under subparagraph 7,a7 to units of general local government located in nonentitlement areas of the ,state to employ individuals under the ,community ,corps program1 of which the ,state shall allot-- 7i7 #be 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 units2 7ii7 #be 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 units2 and 7iii7 #ej 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 units4 7#d7 ,reallocation ,if a ,state or entitlement community does not apply for an allotment under this section for any fiscal year1 or if a ,state's or entitlement community's application is not approved1 the ,secretary shall reallot such amount to the remaining ,states or entitlement in accordance with paragraph 7#b74 #fjc4 ,application 7a7 ,in general ,each ,state or entitlement community desiring to establish a ,community ,corps under this title shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7b7 ,fiscal year #bjad requirements ,for fiscal year #bjad-- 7#a7 application requirements shall be released by the ,secretary within #cj days of enactment of this ,act2 7#b7 ,states and entitlement communities desiring to receive funds under this title for such fiscal year shall submit to the ,secretary an application within #fj days of the date of enactment of this ,act2 and 7#c7 the first allotments under this title shall be awarded by the ,secretary not later than #ij days after the date of enactment of this ,act4 #fjd4 ,activities of the ,community ,corps 7a7 ,consultation ,a chief executive officer of a unit of general local government shall consult with the local community and labor organizations representing employees of such unit in determining the ,community ,corps positions that should be funded under this title for such unit for each fiscal year4 7b7 ,activities ,each ,community ,corps funded under this title shall employee individuals to carry out one or more of the following activities3 7#a7 ,energy audits and ,conservation ,upgrades ,perform energy audits of private homes and offer to weatherize them and install attic and crawl-space insulation1 low-flow plumbing fixtures1 and low-energy lighting fixtures4 ,provide homeowners with objective information concerning the cost and benefits of more complicated conservation upgrades the homeowners could contract with private firms to install4 7#b7 ,recycling and demanufacturing ,collect categories of recyclables that currently are under-collected 7such as electronic components and household paints and chemicals7 and perform initial demanufacturing work to reclaim reusable materials4 7#c7 ,urban ,land ,reclamation and ,addressing ,blight ,address the needs of distressed1 foreclosure-affected1 and natural-disaster affected areas4 ,for vacant or foreclosed buildings1 conduct maintenance1 board up1 or tear down1 where appropriate4 ,salvage materials for recycling4 ,reclaim vacant land in urban areas for use as neighborhood parks and gardens4 ,test for the presence of hazardous materials1 undertake necessary clean-up work1 construct park and_/or garden facilities1 and establish maintenance programs involving the local community4 ,for community gardens1 operate model plantings to promote the project1 involve local residents in the work1 and provide instruction in urban gardening and farming4 7#d7 ,rural ,conservation ,work ,in collaboration with activities under the ,park ,improvement ,corps under title ,,iii1 perform conservation work4 ,repair and upgrade trail systems in parklands4 ,construct shelters1 bathrooms and recreational facilities4 ,undertake watercourse cleaning and reclamation projects4 ,with proper training1 conduct emergency work in cases of floods or wildfires1 or other natural disasters4 7#e7 ,public ,property ,maintenance and ,beautification ,under the direction of public entities that own public property 7including building interiors and exteriors and landscapes1 and including community centers1 playgrounds1 and libraries71 conduct maintenance1 beautification1 and other improvement projects4 ,where appropriate1 collaborate with projects funded under title ,i of this ,act 7,school ,improvement ,corps74 7#f7 ,housing ,rehabilitation 7,a7 ,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 #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o771 but only if the owner of the unit enters into an agreement sufficient to ensure that the owner-- 7i7 pays the cost of materials used in the renovation work2 and 7ii7 charges rent for the unit1 during the #e-year period beginning upon completion of the rehabilitation pursuant to this paragraph1 in an amount not exceeding the fair market rental established under section #h7;c7 of such ,act for a dwelling unit of the same size located in the same market area4 7,b7 ,free of charge ,the ,community ,corps shall provide all labor required for any rehabilitation pursuant to this paragraph free of charge1 except in the case of any major repairs that the ,corps lacks the capacity to perform4 7#g7 ,new ,housing ,construction ,construct new homes on abandoned land in poorer communities or the rehabilitate abandoned properties for use as residences1 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 home4 ,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 homeownership4 ,construction materials shall be included in the cost of homeownership1 but all construction labor shall be furnished free of charge by the ,community ,corps4 7#h7 ,other community improvement activities ,other community improvement activities as authorized by the ,secretary4 #fje4 ,hiring and preferences 7a7 ,in general ,in hiring individuals for a ,community ,corps position under this title1 a ,state or unit of general local may only employ unemployed individuals1 except in a case of a position 7including a managerial position7 for which no qualified unemployed individual has applied4 7b7 ,priorities in ,recruitment and ,hiring ,in recruiting and hiring unemployed individuals for positions funded under this title1 ,states and units of general local government shall target recruitment efforts and prioritize hiring with respect to individuals who are-- 7#a7 unemployed individuals who have exhausted their entitlement to unemployment compensation2 7#b7 unemployed veterans of the ,armed ,forces and unemployed members of the reserve components of the ,armed ,forces2 7#c7 unemployed individuals1 who immediately before employment in the ,community ,corps1 are eligible for unemployment compensation payable under any ,state law or ,federal unemployment compensation law1 including any additional compensation or extended compensation under such laws2 7#d7 unemployed individuals who are not eligible to receive unemployment compensation because they do not have sufficient wages to meet the minimum qualifications for such compensation2 or 7#e7 unemployed young people1 including those who have not previously been employed4 7c7 ,state employment agencies ,in hiring for ,community ,corps positions under this title1 a ,state or unit of general local government shall utilize1 among other methods1 a ,state or local employment agencies1 such as a one-stop career center or one-stop partner4 7d7 ,notice ,each listing for a position for a ,community ,corps shall be posted on a ,state or local employment ,web site4 #fjf4 ,additional requirements for ,states and units of general local government 7a7 ,administrative expenses ,each ,state or unit of general local government receiving an allotment under section #fjb may not use more than #e percent of the allotment for administrative purposes4 7b7 ,compliance ,with ,local ,laws and ,contracts ,in hiring individuals for positions funded under this title1 or using administrative funds under this title to continue to provide employee compensation for existing employees1 a ,state or unit of general local government shall comply with all applicable ,federal1 ,state1 and local laws1 personnel policies and regulations1 and collective bargaining agreements1 as if such individual were hired1 or such employee compensation was provided1 without assistance under this title4 7c7 ,coordination ,to the maximum extent practicable1 each ,state or unit of general local government receiving an allotment under section #fjb1 shall-- 7#a7 integrate education and job skills training1 including basic skills instruction and secondary education services2 7#b7 coordinate to the maximum extent feasible with pre-apprenticeship and apprenticeship programs2 and 7#c7 provide jobs in sectors where job growth is most likely1 as determined by the ,secretary1 and in which career advancement opportunities exist to maximize long-term1 sustainable employment for individuals after employment funded under this ,act ends4 7d7 ,supplement1 not supplant ,a ,state or unit of general local government receiving funding under this title shall use such ,federal funds only to supplement and not supplant the amount of funds that would1 in the absence of such ,federal funds1 be available to pay the cost of employing individuals to perform the types of work authorized under this title4 #fjg4 ,employment status and compensation 7a7 ,employee ,status 7#a7 ,in general ,an individual hired for a position funded under this title shall-- 7,a7 be considered an employee of the ,state or unit of general local government by which such individual was hired2 7,b7 receive the same employee compensation1 have the same rights 7including health insurance benefits and paid holidays and vacations7 and responsibilities and job classifications1 and be subject to the same job standards1 employer policies1 and collective bargaining agreements as if such individual was hired without assistance under this title2 and 7,c7 fill a position that offers full-time1 full-year employment4 7#b7 ,definitions ,for purposes of this subsection-- 7,a7 the term full-time when used in relation to employment has the meaning already established or1 if the meaning has not been established1 determined to be appropriate for purposes of this title1 by the ,state or unit of general local government hiring an individual under this title2 and 7,b7 the term full-year when used in relation to employment means a position that provides employment for a #ab-month period1 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 year1 the term means a position that provides employment for such duration4 7b7 ,limit on ,number of ,executive1 ,administrative1 or ,professional ,positions 7#a7 ,units ,of the total number of positions funded under this title for a fiscal year for each ,state or unit of general local government-- 7,a7 not more than #bj percent shall be in a bona fide executive1 administrative1 or professional capacity2 and 7,b7 at least #hj percent shall not be in a bona fide executive1 administrative1 or professional capacity4 7#b7 ,definitions ,for purposes of this subsection1 the terms bona fide executive1 bona fide administrative1 and bona fide professional when used in relation to capacity shall have the meanings given such terms under section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a774 7c7 ,total ,amount of ,compensation ,for each fiscal year for which funds are appropriated to carry out this title1 each ,state or unit of general local government that receives funds under this title for any such fiscal year shall use such funds to provide an amount equal to the total amount of employee compensation for individuals hired under this title4 7d7 ,limit on ,period of ,employment ,notwithstanding any agreement or other provision of law 7other than those provisions of law pertaining to civil rights in employment71 a ,state or unit of general local government shall not be obligated to employ the individuals hired under this title or retain the positions filled by such individuals beyond the period for which the ,state or unit receives funding under this title4 #fjh4 ,nondisplacement of existing employees 7a7 ,in general ,a ,state or unit of general local government may not employ an individual for a position funded under this title1 if-- 7#a7 employing such individual will result in the layoff or partial displacement 7such as a reduction in hours1 wages1 or employee benefits7 of an existing employee of the unit2 or 7#b7 such individual will perform the same or substantially similar work that had previously been performed by an employee of the unit who-- 7,a7 has been laid off or partially displaced 7as such term is described in paragraph 7#a772 and 7,b7 has not been offered by the unit1 to be restored to the position the employee had immediately prior to being laid off or partially displaced4 7b7 ,elimination of position ,for the purposes of this subsection1 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 month4 7c7 ,promotional opportunities ,an individual may not be hired for a position funded under this title in a manner that infringes upon the promotional opportunities of an existing employee 7as of the date of such hiring7 of a unit receiving funding under this title4 #fji4 ,dispute resolutions1 whistleblower hotline1 and enforcement by the ,secretary 7a7 ,establishment of ,arbitration ,procedure 7#a7 ,in general ,each unit of general local government that is an entitlement community and each ,state that receives funding under this title shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections 7b7 and 7c74 7#b7 ,written grievances 7,a7 ,in general ,if an employee 7or an employee representative7 wishes to use the arbitration procedure described in this subsection1 such party shall file a written grievance within the time period required under subsection 7b7 or 7c71 as applicable1 simultaneously with the chief executive officer of a unit or ,state involved in the dispute and the ,secretary4 7,b7 ,in-person meeting ,not later than #aj days after the date of the filing of the grievance1 the chief executive officer 7or the designee of the chief executive officer7 shall have an in-person meeting with the party to resolve the grievance4 7#c7 ,arbitration 7,a7 ,submission ,if the grievance is not resolved within the time period described in paragraph 7#b77;,b71 a party1 by written notice to the other party involved1 may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties4 7,b7 ,appointment by secretary ,if the parties cannot agree on an arbitrator within #e days of submitting the grievance to binding arbitration under subparagraph 7,a71 one of the parties may submit a request to the ,secretary to appoint a qualified and independent arbitrator4 ,the ,secretary shall appoint a qualified and independent arbitrator within #ae days after receiving the request4 7,c7 ,hearing ,unless the parties mutually agree otherwise1 the arbitrator shall conduct a hearing on the grievance and issue a decision not later than #cj days after the date such arbitrator is selected or appointed4 7,d7 ,costs 7i7 ,in general ,except as provided in clause 7ii71 the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration4 7ii7 ,exception ,if a grievant prevails under an arbitration proceeding1 the unit of general local government or ,state involved in the dispute shall pay the cost of such proceeding1 including attorneys' fees4 7b7 ,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 services1 an employee or employee representative of the unit or ,state may file a grievance under subsection 7a7 not later than #ae days after public notice of an intent to submit an application under section #fjc is published in accordance with paragraph 7#a77;,c7 of such section4 ,upon receiving a copy of the grievance1 the ,secretary shall withhold the funds subject to such grievance1 unless and until the grievance is resolved under subsection 7a71 by the parties or an arbitrator in favor of providing such funding4 7c7 ,all ,other ,disputes 7#a7 ,in general ,in the case of a dispute not covered under subsection 7b7 concerning compliance with the requirements of this title by a unit of general local government that is an entitlement community or ,state receiving funds under this title1 an employee or employee representative of the unit or ,state may file a grievance under subsection 7a7 not later than #ij days after the dispute arises4 ,in such cases1 an arbitrator may award such remedies as are necessary to make the grievant whole1 including the reinstatement of a displaced employee or the payment of back wages1 and may submit recommendations to the ,secretary to ensure further compliance with the requirements of this title1 including recommendations to suspend or terminate funding1 or to require the repayment of funds received under this title during any period of noncompliance4 7#b7 ,existing grievance procedures ,a party to a dispute described in paragraph 7#a7 may use the existing grievance procedure of a unit or ,state involved in such dispute1 or the arbitration procedure described in this subsection1 to resolve such dispute4 7d7 ,party ,defined ,for purposes of subsections 7a71 7b71 and 7c71 the term party means an employee1 employee representative1 unit of general local government1 or ,state1 involved in a dispute described in subsection 7b7 or 7c74 7e7 ,whistleblower ,hotline2 ,enforcement by the ,secretary 7#a7 ,whistleblower hotline ,the ,secretary shall post on a publicly accessible ,internet ,web site of the ,department of ,labor the contact information for reporting noncompliance with this title by a ,state or unit of general local government or individual receiving funding under this title4 7#b7 ,enforcement by the ,secretary 7,a7 ,in general ,if the ,secretary receives a complaint alleging noncompliance with this title1 the ,secretary may conduct an investigation and after notice and an opportunity for a hearing1 may order such remedies as the ,secretary determines appropriate1 including-- 7i7 withholding further funds under this title to a noncompliant entity2 7ii7 requiring the entity to make an injured party whole2 or 7iii7 requiring the entity to repay to the ,secretary any funds received under this title during any period of noncompliance4 7,b7 ,definition ,for purposes of this paragraph1 the term entity means ,state1 unit of general local government1 or individual4 7,c7 ,recommendation by an arbitrator ,a remedy described in subparagraph 7,a7 may also be ordered by the ,secretary upon recommendation by an arbitrator appointed or selected under this section4 #faj4 ,definitions ,in this title3 7#a7 ,in general ,the terms city2 extent of poverty2 metropolitan city2 urban county2 nonentitlement area2 population2 and ,state have the meanings given the terms in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7#b7 ,benefits ,the term benefits has the meaning given the term employment benefits in section #aja of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa74 7#c7 ,employee compensation ,the term employee compensation includes wages and benefits4 7#d7 ,entitlement communities ,the term entitlement communities includes metropolitan cities and urban counties4 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7e774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#g7 ,unemployed individual ,the term unemployed individual has the meaning given such term in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja74 7#h7 ,unit of general local government ,the term unit of general local government means any city1 county1 town1 township1 parish1 village1 or other general purpose political subdivision of a ,state2 ,guam1 the ,northern ,mariana ,islands1 the ,virgin ,islands1 and ,american ,samoa1 or a general purpose political subdivision thereof2 a combination of such political subdivisions that is recognized by the ,secretary2 and the ,district of ,columbia4 7#i7 ,veteran ,the term veteran has the meaning given such term in section #aja of the ,workforce ,investment ,act 7#bi ,u4,s4,c4 #bhja74 7#aj7 ,wage ,the term wage has the meaning given such term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 ,,vii ,child ,development ,corps #gja4 ,purpose ,it is the purpose of this title to provide for the creation of an additional #ajj1jjj jobs through the ,head ,start ,act4 #gjb4 ,child ,development ,corps 7a7 ,amendments to the ,head ,start ,act ,the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq47 is amended-- 7#a7 by inserting after section #fci the following3 #fci;,a4 ,authorization of appropriations for employing ,early ,head ,start professional employees ,there is authorized to be appropriated #c1jjj1jjj1jjj for each of the fiscal years #bjad and #bjae to carry out section #fdj;,a4 2 and 7#b7 by inserting after section #fdj the following3 #fdj;,a4 ,employment of additional infant and toddler specialists 7a7 ,employment of additional full-,time infant and toddler specialists ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall provide funds appropriated under section #fci;,a to ,early ,head ,start programs to pay the cost of employing additional full-time infant and toddler specialists4 7b7 ,funds ,to supplement not supplant ,an ,early ,head ,start program that receives funds under subsection 7a7 shall use such funds only to supplement and not supplant the amount of funds that would1 in the absence of such ,federal funds1 be available to pay the cost of employing additional full-time infant and toddler specialists4 4 7b7 ,appropriation ,there is hereby appropriated out of any money in the ,treasury not otherwise appropriated #c1jjj1jjj1jjj for each of the fiscal years #bjad and #bjae to carry out section #fdj;,a of the ,head ,start ,act4 ,,viii ,general ,provisions #hja4 ,general requirements for entities receiving funding under this ,act 7a7 ,compliance with existing laws and contracts ,in hiring individuals for positions funded under this ,act1 or using funds under this ,act to continue to provide employee compensation for existing employees1 a ,state1 unit of general local government1 community-based organization1 or business shall comply with all applicable ,federal1 ,state1 and local laws relating to health1 safety1 civil rights1 personnel policies and regulations1 labor1 and collective bargaining agreements1 as if such individual were hired1 or such employee compensation was provided1 without assistance under this ,act4 7b7 ,compliance with federal civil rights laws ,federal civil rights laws described in subsection 7a7 shall include the following3 7#a7 ,title ,,vi of the ,civil ,rights ,act of #aifd4 7#b7 ,title ,,ix of the ,education ,amendments of #aigb4 7#c7 ,sections #ejc and #ejd of the ,rehabilitation ,act of #aigc4 7#d7 ,the ,age ,discrimination ,act of #aige4 #hjb4 ,reporting 7a7 ,reports to ,secretaries ,at the end of fiscal year #bjac and #bjae1 each ,state1 unit of general local government1 community-based organization1 or business1 or other entity that receives assistance under this ,act shall submit to the ,secretary that provided such assistance a report on the number of jobs created and1 if applicable1 the projects completed with funding under this ,act4 7b7 ,reports to ,congress ,each ,secretary that receives a report under subsection 7a7 shall provide such reports to ,congress not later than ,july #a1 #bjaf4 #hjc4 ,hiring and preferences 7a7 ,in general ,in hiring individuals for positions funded under title ,i1 title ,v1 and title ,,vii1 an entity described in section #hjb receiving funding under this ,act may only employ unemployed individuals1 except in a case of a position 7including a managerial position7 for which no qualified unemployed individual has applied4 7b7 ,priorities in recruitment and hiring ,in recruiting and hiring unemployed individuals for positions described in subsection1 the entity shall target recruitment efforts and prioritize hiring with respect to individuals who are-- 7#a7 unemployed individuals who have exhausted their entitlement to unemployment compensation2 7#b7 unemployed veterans of the ,armed ,forces and unemployed members of the reserve components of the ,armed ,forces2 7#c7 unemployed individuals1 who immediately before employment in the programs described in subparagraph 7a71 are eligible for unemployment compensation payable under any ,state law or ,federal unemployment compensation law1 including any additional compensation or extended compensation under such laws2 7#d7 unemployed individuals who are not eligible to receive unemployment compensation because they do not have sufficient wages to meet the minimum qualifications for such compensation2 or 7#e7 in the case of employment under subtitle ,b of title ,i1 unemployed young people1 including those who have not previously been employed4 7c7 ,rule of construction ,nothing in this section shall supersede the qualification requirements under titles ,i through ,,vii or existing law1 such as medical licensure where applicable for health corps or certification for early childhood development workers4 #hjd4 ,flexibility on hiring ,funding under this ,act shall be tied to the job created with the funding rather than to the individual awarded the job1 and entities receiving funding under this ,act are authorized to hire new employees to replace an individual that was hired with such funds1 but who has left the position4 #hje4 ,nondisplacement 7a7 ,nondisplacement of ,existing ,employees 7#a7 ,in general ,an entity described in section #hjb that receives funding under this ,act may not employ an individual for a position funded under this ,act1 if-- 7,a7 employing such individual will result in the layoff or partial displacement 7such as a reduction in hours1 wages1 or employee benefits7 of an existing employee of the unit or organization2 or 7,b7 such individual will perform the same or substantially similar work that had previously been performed by an employee of the unit or organization who-- 7i7 has been laid off or partially displaced 7as such term is described in subparagraph 7,a772 and 7ii7 has not been offered by the unit or organization1 to be restored to the position the employee had immediately prior to being laid off or partially displaced4 7#b7 ,elimination of position ,for the purposes of this subsection1 a position shall be considered to have been eliminated by an entity receiving funding under this ,act if the position has remained unfilled and the unit or organization has not sought to fill such position for at least a period of one month4 7#c7 ,promotional opportunities ,an individual may not be hired for a position funded under this title in a manner that infringes upon the promotional opportunities of an existing employee 7as of the date of such hiring7 of an entity receiving funding under this ,act4 7b7 ,nondisplacement of ,local ,government ,services ,a business or community-based organization receiving funds under this title may not use such funds to provide services or functions that are customarily provided by a unit of general local government where such services or functions are provided by the organization4 7c7 ,nondisplacement of local business ,where appropriate1 any unit of government or community-based organizations receiving funds under this ,act cannot use those funds to provide services or functions that are currently provided by a local business4 #hjf4 ,employment status and compensation in new programs 7a7 ,employee ,status ,an individual hired for a position funded under title ,i1 title ,v1 or title ,,vi1 or section #dja of title ,,iv shall-- 7#a7 be considered an employee of the unit of general local government1 business1 or community-based organization1 by which such individual was hired2 and 7#b7 receive the same employee compensation1 have the same rights and responsibilities and job classifications1 and be subject to the same job standards1 employer policies1 and collective bargaining agreements as if such individual was hired without assistance under this ,act4 7b7 ,total ,amount of ,compensation ,for each fiscal year for which funds are appropriated to carry out this ,act1 each unit of general local government1 each business1 and each community-based organization that receives funds under the provisions described in subsection 7a7 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 ,act4 7c7 ,limit on ,period of ,employment ,notwithstanding any agreement or other provision of law 7other than those provisions of law pertaining to civil rights in employment71 a unit of general local government1 business1 or community-based organization shall not be obligated to employ the individuals hired under this ,act or retain the positions filled by such individuals beyond the period for which the unit or organization receives funding under the provisions described in subsection 7a74 #hjg4 ,dispute resolutions1 whistleblower hotline1 and enforcement by the ,secretary 7a7 ,establishment of ,arbitration ,procedure 7#a7 ,in general ,each entity that receives funding under this ,act shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections 7b7 and 7c74 7#b7 ,written grievances 7,a7 ,in general ,if an employee 7or an employee representative7 wishes to use the arbitration procedure described in this subsection1 such party shall file a written grievance within the time period required under subsection 7b7 or 7c71 as applicable1 simultaneously with the chief executive officer of an entity involved in the dispute and the ,secretary of ,labor4 7,b7 ,in-person meeting ,not later than #aj days after the date of the filing of the grievance1 the chief executive officer 7or the designee of the chief executive officer7 shall have an in-person meeting with the party to resolve the grievance4 7#c7 ,arbitration 7,a7 ,submission ,if the grievance is not resolved within the time period described in paragraph 7#b77;,b71 a party1 by written notice to the other party involved1 may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties4 7,b7 ,appointment by secretary ,if the parties cannot agree on an arbitrator within #e days of submitting the grievance to binding arbitration under subparagraph 7,a71 one of the parties may submit a request to the ,secretary of ,labor to appoint a qualified and independent arbitrator4 ,the ,secretary of ,labor shall appoint a qualified and independent arbitrator within #ae days after receiving the request4 7,c7 ,hearing ,unless the parties mutually agree otherwise1 the arbitrator shall conduct a hearing on the grievance and issue a decision not later than #cj days after the date such arbitrator is selected or appointed4 7,d7 ,costs 7i7 ,in general ,except as provided in clause 7ii71 the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration4 7ii7 ,exception ,if a grievant prevails under an arbitration proceeding1 the entity involved in the dispute shall pay the cost of such proceeding1 including attorneys' fees4 7b7 ,disputes concerning the allotment of funds ,in the case where a dispute arises as to whether an entity has improperly requested funds for services1 an employee or employee representative of entity may file a grievance under subsection 7a7 not later than #ae days after public notice of an intent to request funds for services4 ,upon receiving a copy of the grievance1 the ,secretary of ,labor shall withhold the funds subject to such grievance1 unless and until the grievance is resolved under subsection 7a71 by the parties or an arbitrator in favor of providing such funding4 7c7 ,all ,other ,disputes 7#a7 ,in general ,in the case of a dispute not covered under subsection 7b7 concerning compliance with the requirements of this ,act by an entity receiving funds under this title1 an employee or employee representative of an entity may file a grievance under subsection 7a7 not later than #ij days after the dispute arises4 ,in such cases1 an arbitrator may award such remedies as are necessary to make the grievant whole1 including the reinstatement of a displaced employee or the payment of back wages1 and may submit recommendations to the ,secretary of ,labor to ensure further compliance with the requirements of this ,act1 including recommendations to suspend or terminate funding1 or to require the repayment of funds received under this title during any period of noncompliance4 7#b7 ,existing grievance procedures ,a party to a dispute described in paragraph 7#a7 may use the existing grievance procedure of an entity involved in such dispute1 or the arbitration procedure described in this subsection1 to resolve such dispute4 7d7 ,party ,defined ,for purposes of subsections 7a71 7b71 and 7c71 the term party means an employee1 employee representative1 or entity involved in a dispute described in subsection 7b7 or 7c74 7e7 ,whistleblower ,hotline2 ,enforcement by the ,secretary 7#a7 ,whistleblower hotline ,the ,secretary of ,labor shall post on a publicly accessible ,internet ,web site of the ,department of ,labor the contact information for reporting noncompliance with this title by a ,state1 unit of general local government1 community-based organization1 business1 or individual receiving funding under this title4 7#b7 ,enforcement by the secretary 7,a7 ,in general ,if the ,secretary of ,labor receives a complaint alleging noncompliance with this ,act1 the ,secretary may conduct an investigation and after notice and an opportunity for a hearing1 may order such remedies as the ,secretary of ,labor determines appropriate1 including-- 7i7 withholding further funds under this title to a noncompliant entity2 7ii7 requiring the entity to make an injured party whole2 or 7iii7 requiring the entity to repay to the ,secretary of ,labor any funds received under this title during any period of noncompliance4 7,b7 ,recommendation by an arbitrator ,a remedy described in subparagraph 7,a7 may also be ordered by the ,secretary of ,labor upon recommendation by an arbitrator appointed or selected under this section4 #hjh4 ,termination ,programs and funding authorized under this ,act shall be phased-out over a #ij-;day period if national unemployment1 as measured by the ,bureau of ,labor ,statistics1 falls under #e percent4 ,such phase-out shall ensure that-- 7#a7 an individual hired under this ,act shall not be fired prematurely2 7#b7 projects funded under this ,act shall be continued until completion2 and 7#c7 an individual hired under this ,act may be replaced when such individual leaves the position for which the individual was hired4