Act for the 99%

by redesignating paragraph (2) as paragraph (3); and

by inserting after paragraph (1) the following new paragraph:

Housing leases, including military housing provided by a private entity.

Power purchase agreements.

Enhanced-use leases.

Energy savings performance contracts.

Utility energy service contracts.

In general

Each report under subsection (a) shall, for the fiscal year before the year in which that report is published, include—

Parent companies

If a small business concern described in paragraph (1)(A) has a parent company, the Administrator shall report information relating to any prime contract with the Federal Government of that small business concern under the name of that parent company.

list business concerns in the order of the total amount in dollars of contracts between the Federal Government and that business concern, beginning with the largest total value;

include the total amount in dollars of contracts between the Federal Government and each business concern on such list; and

include the name of any parent company of a business concern on such list.

In general

Any person may file a complaint with the Administrator and the head of the affected department or agency about the classification of a business concern as a small business concern and the Administrator and the head of the affected department or agency shall resolve any complaint filed under this paragraph in a timely manner.

Reports

The Administrator shall annually submit to Congress a report describing any complaints described in paragraph (1) that were filed during the relevant year and the resolution of any such complaint.

fraudulently represents that it is a small business concern as part of a bid for a small business contract with that department or agency; or

violates this subtitle or an amendment made by this subtitle.

2 of the directors shall have public sector experience; and

3 of the directors shall have private sector experience.

In general

Except as provided in paragraph (2) and subsection (f), each director shall be appointed for a term of 6 years.

Initial staggered terms

Of the initial members of the Board—

In general

A vacancy on the Board shall be filled in the manner in which the original appointment was made.

Appointment to replace during term

Any director appointed to fill a vacancy occurring before the expiration of the term for which the director’s predecessor was appointed shall be appointed only for the remainder of the term.

Duration

A director may serve after the expiration of that director’s term until a successor has taken office.

Powers

In order to carry out the purposes of the Bank as set forth in this subtitle, the Board shall be responsible for monitoring and overseeing infrastructure projects and have the following powers:

Limitations

Actions consistent with self-supporting entity status

The Board shall conduct its business in a manner consistent with the requirements of this section.

Coordination with state and local regulatory authority

The provision of financial assistance by the Board pursuant to this subtitle shall not be construed as—

Federal personnel requests

The Board shall have the power to request the detail, on a reimbursable basis, of personnel from other Federal agencies with specific expertise not available from within the Bank or elsewhere. The head of any Federal agency may detail, on a reimbursable basis, any personnel of such agency requested by the Board and shall not withhold unreasonably the detail of any personnel requested by the Board.

Open to the public; notice

All meetings of the Board held to conduct the business of the Bank shall be open to the public and shall be preceded by reasonable notice.

Initial meeting

The Board shall meet not later than 90 days after the date on which all directors of the Board are first appointed and otherwise at the call of the Chairperson.

Exception for closed meetings

Pursuant to such rules as the Board may establish through their bylaws, the directors may close a meeting of the Board if, at the meeting, there is likely to be disclosed information which could adversely affect or lead to speculation relating to an infrastructure project under consideration for assistance under this subtitle or in financial or securities or commodities markets or institutions, utilities, or real estate. The determination to close any meeting of the Board shall be made in a meeting of the Board, open to the public, and preceded by reasonable notice. The Board shall prepare minutes of any meeting which is closed to the public and make such minutes available as soon as the considerations necessitating closing such meeting no longer apply.

chief compliance officer;

chief financial officer;

chief asset and liability management officer;

chief loan origination officer;

chief operations officer;

chief risk officer;

chief treasury officer; and

general counsel.

Transportation infrastructure.

Environmental infrastructure.

Energy infrastructure.

Telecommunications infrastructure.

Economic development.

Workforce development.

Public health.

Private or public finance.

establish disclosure and application procedures for entities nominating projects for assistance under this subtitle;

accept, for consideration, project proposals relating to the development of infrastructure projects, which meet the basic criteria established by the Board, and which are submitted by an entity;

provide recommendations to the Board and place project proposals accepted by the executive committee on a list for consideration for financial assistance from the Board; and

provide technical assistance to entities receiving financing from the Bank and otherwise implement decisions of the Board.

hold any other public office;

have any interest in an infrastructure project considered by the Board;

have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from the Bank; and

have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity.

In general

The CRO shall have such functions, powers, and duties as may be prescribed by one or more of the following: This subtitle, the bylaws of the Bank, and the Board. The CRO shall report directly to the Board.

Risk management duties

In order to carry out the purposes of this subtitle, the risk management committee shall—

Treasury and asset and liability management.

Investment regulations.

Insurance.

Credit risk management and credit evaluations.

Related disciplines.

hold any other public office;

have any interest in an infrastructure project considered by the Board;

have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from the Bank; and

have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity.

provide internal controls and internal auditing activities for the Bank;

maintain responsibility for the accounting activities of the Bank;

issue financial reports of the Bank; and

complete reports with outside auditors and public accountants appointed by the Board.

Internal auditing.

Internal investigations.

Accounting practices.

Financing practices.

hold any other public office;

have any interest in an infrastructure project considered by the Board;

have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from the Bank; and

have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity.

the requirements of this subtitle; and

any criteria established in accordance with this subtitle by the Board.

In general

Consistent with the requirements of subsections (c) and (d), the Board shall establish—

Factors to be taken into account

Transportation infrastructure projects

For any transportation infrastructure project, the Board shall consider the following:

Environmental infrastructure project

For any environmental infrastructure project, the Board shall consider the following:

Energy infrastructure project

For any energy infrastructure project, the Board shall consider the following:

Telecommunications

For any telecommunications project, the Board shall consider the following:

Participation by other agency personnel

Consideration of projects by the executive committee and the Board shall be conducted with personnel on detail to the Bank from relevant Federal agencies from among individuals who are familiar with and experienced in the selection criteria for competitive projects.

Fees

A fee may be charged for the review of any project proposal in such amount as maybe considered appropriate by the executive committee to cover the cost of such review.

Exempt securities

All debt securities and other obligations issued by the Bank pursuant to this subtitle shall be deemed to be exempt securities within the meaning of laws administered by the Securities and Exchange Commission to the same extent as securities which are direct obligations of, or obligations fully guaranteed as to principal or interest by, the United States.

Open market operations and state tax exempt status

The obligations of the Bank shall be deemed to be obligations of the United States for the purposes of the provision designated as (b)(2) of the 2nd undesignated paragraph of section 14 of the Federal Reserve Act (12 U.S.C. 355) and section 3124 of title 31, United States Code.

No priority as a federal claim

The priority established in favor of the United States by section 3713 of title 31, United States Code, shall not apply with respect to any indebtedness of the Bank.

Board

The Board shall submit to the President and Congress, within 90 days after the last day of each fiscal year, a complete and detailed report with respect to the preceding fiscal year, setting forth—

GAO

Not later than 5 years after the date of enactment of this subtitle, the Comptroller General of the United States shall submit to Congress a report evaluating activities of the Bank for the fiscal years covered by the report that includes an assessment of the impact and benefits of each funded project, including a review of how effectively each project accomplished the goals prioritized by the Bank’s project criteria.

In general

The Bank shall maintain adequate books and records to support the financial transactions of the Bank with a description of financial transactions and infrastructure projects receiving funding, and the amount of funding for each project maintained on a publically accessible database.

Audits by the secretary and GAO

The books and records of the Bank shall be maintained in accordance with recommended accounting practices and shall be open to inspection by the Secretary and the Comptroller General of the United States.

by striking January 3, 2012 each place it appears and inserting January 3, 2013;

in the heading for subsection (b)(2), by striking january 3, 2012 and inserting January 3, 2013; and

in subsection (b)(3), by striking June 9, 2012 and inserting June 8, 2013.

in subparagraph (F), by striking and at the end; and

by inserting after subparagraph (G) the following:

by striking January 4, 2012 each place it appears and inserting January 4, 2013; and

in subsection (c), by striking June 11, 2012 and inserting June 11, 2013.

in subsection (d), by striking December 31, 2011 and inserting December 31, 2012; and

in subsection (f)(2), by striking December 31, 2011 and inserting December 31, 2012.

in subparagraph (A), by striking 80 and inserting 131; and

in subparagraph (B), by striking 20 and inserting 34.

in subparagraph (G), by striking and at the end; and

by inserting after subparagraph (H) the following:

in clause (iii), by striking and at the end;

in clause (iv), by striking the period at the end and inserting , and; and

by inserting after clause (iv) the following new clause:

reducing personal consumption and undermining economic stability and growth;

squandering human capital essential to the Nation’s economic vibrancy and growth;

increasing demands for State and Federal unemployment insurance benefits, reducing trust fund assets, and leading to higher payroll taxes for employers, cuts in benefits for jobless workers, or both;

imposing additional burdens on publicly funded health and welfare programs; and

depressing income, property, and other tax revenues that states, localities and the Federal Government rely on to support operations and institutions essential to commerce.

refuse to consider for employment or refuse to offer employment to an individual because of the individual’s status as unemployed;

publish in print, on the Internet, or in any other medium, an advertisement or announcement for any job that includes—

direct or request that an employment agency take an individual’s status as unemployed into account in screening or referring applicants for employment.

refuse to consider or refer an individual for employment based on the individual’s status as unemployed;

limit, segregate, or classify individuals in any manner that may limit their access to information about jobs or referral for consideration of jobs because of their status as unemployed; or

publish, in print or on the Internet or in any other medium, an advertisement or announcement for any job vacancy that includes—

interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subtitle; or

refuse to hire, to discharge, or in any other manner to discriminate against any individual because such individual—

Liability for employers and employment agencies

Any employer or employment agency that violates section 1904(a) or (b) shall be liable to any affected individual—

Right of action

An action to recover the damages or equitable relief prescribed in paragraph (1) of this subsection may be maintained against any employer or employment agency in any Federal or State court of competent jurisdiction by any one or more persons for and in behalf of—

Fees and costs

The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.

Limitations

The right provided by paragraph (2) of this subsection to bring an action by or on behalf of any affected individual shall terminate—

Administrative action

The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 1904 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207).

Civil action

The Secretary may bring an action in any court of competent jurisdiction—

Sums recovered

Any sums recovered by the Secretary pursuant to paragraph (2)(A) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each affected individual. Any such sums recovered pursuant to paragraph (2)(A) that are not paid to an affected individual because of inability to do so within a period of 3 years and any sums recovered pursuant to paragraph (2)(B) shall be deposited into the Treasury of the United States as miscellaneous receipts.

In general

Except as provided in paragraph (2), an action under subsection (a) may be brought not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought, provided that the limitations for filing an action shall be tolled during the period that the Secretary is considering a complaint against any defendant named in a complaint filed with the Secretary under subsection (b)(1) above.

Willful violation

In the case of such action brought for a willful violation of section 1904, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought, provided that the limitations for filing an action by an individual shall be tolled during the period that the Secretary is considering a complaint pursuant to subsection (b)(1).

Commencement

In determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the Secretary files a complaint in a court of competent jurisdiction.

to restrain violations of section 1904; and

to award such other equitable relief as may be appropriate, including employment and monetary damages.

To seek out unemployed individuals struggling financially whose prior training consisted of skills necessary for a faltering or dying industry.

To create compensated training programs that offer training in emerging markets and industries (such as green technologies).

To partner with historically Black colleges and universities and Hispanic serving colleges and universities along with local community college systems to create innovative retraining programs for minorities focused on retooling workers for jobs in the growth sectors of healthcare, biotech, and information technology.

To partner with cities and non-profit organizations to provide apprenticeships and internships.

To provide compensation to participants in training programs to temporarily aide in their financial distress.

To provide access to public healthcare programs for participants.

To create training programs for ex-offenders in an effort to reduce recidivism.

To aide newly trained participants in securing employment within the field of their newly acquired expertise.

comply with nondiscrimination standards of the Civil Rights Act;

allocate not less than 80 percent of the funding allocated under the grant to wages, benefits, and support activities, including child care services to individuals receiving compensated training under such a grant; and

institute a program to aide newly trained participants in securing employment in their new area of expertise.

In general

There is made available to the Secretary of Transportation $45,000,000,000 for restoration, repair, construction, and other activities eligible under section 133(b) of title 23, United States Code, and for passenger and freight rail transportation and port infrastructure projects eligible for assistance under section 601(a)(8) of title 23, United States Code.

Federal share; limitation on obligations

The Federal share payable on account of any project or activity carried out with funds made available under this subsection shall be, at the option of the recipient, up to 100 percent of the total cost thereof. The amount made available under this subsection shall not be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs set forth in any Act or in title 23, United States Code.

Availability

The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment.

Distribution of funds

Of the funds provided in this subsection, after making the set-asides required by paragraphs (9), (10), (11), (12), and (15), 50 percent of the funds shall be apportioned to States using the formula set forth in section 104(b)(3) of title 23, United States Code, and the remaining funds shall be apportioned to States in the same ratio as the obligation limitation for fiscal year 2010 was distributed among the States in accordance with the formula specified in section 120(a)(6) of division A of Public Law 111–117.

Apportionment

Apportionments under paragraph (4) shall be made not later than 30 days after the date of the enactment of this subtitle.

Redistribution

Transportation enhancements

Three percent of the funds apportioned to a State under paragraph (4) shall be set aside for the purposes described in section 133(d)(2) of title 23, United States Code (without regard to the comparison to fiscal year 2005).

Suballocation

Thirty percent of the funds apportioned to a State under this subsection shall be suballocated within the State in the manner and for the purposes described in the first sentence of sections 133(d)(3)(A), 133(d)(3)(B), and 133(d)(3)(D) of title 23, United States Code. Such suballocation shall be conducted in every State. Funds suballocated within a State to urbanized areas and other areas shall not be subject to the redistribution of amounts required 180 days following the date of apportionment of funds provided by paragraph (6)(A).

Puerto Rico and territorial highway programs

Of the funds provided under this subsection, $105,000,000 shall be set aside for the Puerto Rico highway program authorized under section 165 of title 23, United States Code, and $45,000,000 shall be for the territorial highway program authorized under section 215 of title 23, United States Code.

Federal lands and Indian reservations

Of the funds provided under this subsection, $750,000,000 shall be set aside for investments in transportation at Indian reservations and Federal lands in accordance with the following:

Job training

Of the funds provided under this subsection, $100,000,000 shall be set aside for the development and administration of transportation training programs under section 140(b) of title 23, United States Code, in accordance with the following:

Disadvantaged business enterprises

Of the funds provided under this subsection, $10,000,000 shall be set aside for training programs and assistance programs under section 140(c) of title 23, United States Code. Funds set aside under this paragraph should be allocated to businesses that have proven success in adding staff while effectively completing projects.

State planning and oversight expenses

Of amounts apportioned under paragraph (4) of this subsection, a State may use up to 0.5 percent for activities related to projects funded under this subsection, including activities eligible under sections 134 and 135 of title 23, United States Code, State administration of subgrants, and State oversight of subrecipients.

Conditions

Oversight

The Administrator of the Federal Highway Administration may set aside up to 0.15 percent of the funds provided under this subsection to fund the oversight by the Administrator of projects and activities carried out with funds made available to the Federal Highway Administration in this Act, and such funds shall be available through September 30, 2015.

In general

There is made available to the Secretary of Transportation $5,000,000,000 for capital investments in surface transportation infrastructure. The Secretary shall distribute funds provided under this subsection as discretionary grants to be awarded to State and local governments or transit agencies on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region.

Federal share; Limitation on obligations

The Federal share payable of the costs for which a grant is made under this subsection shall be 100 percent.

Availability

The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this subtitle. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment.

Project eligibility

Projects eligible for funding provided under this subsection include—

TIFIA program

The Secretary may transfer to the Federal Highway Administration funds made available under this subsection for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that such use of the funds would advance the purposes of this subsection.

Project priority

The Secretary shall give priority to projects that are expected to be completed within 3 years of the date of the enactment of this subtitle.

Deadline for issuance of competition criteria

The Secretary shall publish criteria on which to base the competition for any grants awarded under this subsection not later than 90 days after enactment of this subtitle. The Secretary shall require applications for funding provided under this subsection to be submitted not later than 180 days after the publication of the criteria and announce all projects selected to be funded from such funding not later than one year after the date of the enactment of this subtitle.

Applicability of title 40

Each project conducted using funds provided under this subsection shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code.

Administrative expenses

The Secretary may retain up to one half of one percent of the funds provided under this subsection, and may transfer portions of those funds to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, and the Maritime Administration, to fund the award and oversight of grants made under this subsection. Funds retained shall remain available for obligation until September 30, 2015.

in section 250(a), by amending the table of contents by striking the item relating to section 251A; and

by amending section 251(c) to read as follows:

to authorize the use of funds for the continuation of combat operations in Afghanistan while carrying out the safe and orderly withdrawal from Afghanistan of all members of the Armed Forces and Department of Defense contractor personnel who are in Afghanistan; and

to prohibit or otherwise restrict the use of funds available to any department or agency of the United States to carry out diplomatic efforts or humanitarian, development, or general reconstruction activities in Afghanistan.

in the case of fiscal year 2011, the aggregate amount of funds appropriated or otherwise made available for military functions administered by the Department of Defense (other than the functions excluded by subsection (b)) for fiscal year 2008; and

in the case of fiscal years 2012 through 2016, the aggregate amount of funds appropriated or otherwise made available for such functions for the previous fiscal year.

military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense, generally title I of the annual Department of Defense appropriations Act;

the Defense Health Program; and

drug interdiction and counter-drug activities of the Department of Defense, but only to the extent the amounts were transferred to personnel accounts referred to in paragraph (1).

Members assigned to permanent duty ashore in Iceland, Greenland, and the Azores.

Members performing duties in Europe for more than 179 days under a military-to-military contact program under section 168 of title 10, United States Code.

The Army, 556,600.

The Navy, 325,239.

The Marine Corps, 202,000.

The Air Force, 328,800.

5,400 a year from the Army.

4,000 a year from the Air Force.

500 a year from the Navy.

100 a year from the Marine Corps.

Married individuals filing joint returns and surviving spouses

The table contained in subsection (a) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows:

Heads of household

The table contained in subsection (b) of section 1 of such Code is amended to read as follows:

Unmarried individuals (other than surviving spouses and heads of households)

The table contained in subsection (c) of section 1 of such Code is amended to read as follows:

Married individuals filing separate returns

The table contained in subsection (d) of section 1 of such Code is amended to read as follows:

In general

The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2011.

Change in method of accounting

In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this subtitle—

In general

The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 2011.

Contrary treaty obligations upheld

The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.

in subsection (a) by striking For the purposes specified and all that follows through for the following purposes: and inserting the following: The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes:; and

in subsection (c)—

by striking appropriated to in subsection (a)(1) and inserting made available for,

by striking appropriated in subsection (b) and inserting transferred,

by striking , as provided in appropriations Acts, in subsection (c)(1), and

by striking 1995 in subsection (d)(3)(B) and inserting 2021.

Subsection (b) of section 4611 of such Code is amended—

Paragraph (3) of section 4611(d) of such Code is amended—

by striking (c) Every employer subject to any provision of this Act or of any order issued under this Act and inserting the following:

by striking of the persons employed by him and inserting the following: “of—

by striking employment maintained by him, and shall and inserting the following:

by adding at the end the following:

by striking paragraph (3) and inserting the following:

in paragraph (5), by striking the period at the end and inserting ; and; and

by adding at the end the following:

in subsection (b)—

in subsection (e), by striking paragraph (2) and inserting the following:

In general

Not later than 180 days after the date of enactment of this subtitle, the Secretary of Labor shall establish, for purposes of section 11(c)(5)(C)(ii) of the Fair Labor Standards Act of 1938 (as added by this subtitle), a single webpage on the Department of Labor website that summarizes in plain language the rights of employees as described in the amendments made by subsection (a) and other information considered appropriate by the Secretary, including appropriate links to additional information on the Department of Labor website or other Federal agency websites. In addition, such webpage—

Coordination with other Federal websites

The Secretary shall coordinate with other relevant Federal agencies in order to provide information similar to the information described in paragraph (1) (or a link to the Department of Labor webpage required by this subsection) on the websites of such other agencies.

in paragraph (10), by striking the period and inserting ; and; and

by adding after paragraph (10) the following:

In general

Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 12 months after the date of the enactment of this subtitle.

Exception

If the Secretary of Labor finds that legislation is necessary in order for the unemployment compensation law of a State to comply with the amendments made by subsection (a), such amendments shall not apply with respect to such law until the later of—

Treatment as qualified health plan

Section 1301(a)(2) of the Patient Protection and Affordable Care Act, as amended by section 10104(a) of such Act, is amended—

Level playing field

Section 1324(a) of such Act, as amended by section 10104(n) of such Act, is amended by inserting the public health insurance option under section 1325, before or a multi-State qualified health plan.

in subsection (a)—

in subsection (b)(3), by adding at the end the following:

in subsection (c)—

in subsection (f)(1)(A), by adding at the end the following: The previous sentence shall apply for quarters beginning after the date of the enactment of this sentence in the case of a State operating under a Statewide waiver as of such date regardless of whether the waiver in effect on July 1, 2008, was renewed or extended after such date;

in subsection (g)(1), by striking March 31, 2012 and inserting September 30, 2013; and

in subsection (h)(3), by striking June 30, 2011 and inserting September 30, 2012.