[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2828 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2828
To provide funds to States, units of general local government, and
community-based organizations to save and create local jobs through the
retention, restoration, or expansion of services needed by local
communities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 26, 2011
Mr. George Miller of California introduced the following bill; which
was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To provide funds to States, units of general local government, and
community-based organizations to save and create local jobs through the
retention, restoration, or expansion of services needed by local
communities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Jobs for America Act''.
TITLE I--LOCAL COMMUNITY JOBS
SEC. 101. STABILIZATION FUNDING FOR LOCAL JOBS.
From the amount appropriated pursuant to section 111, the
Secretary, acting through the Employment and Training Administration of
the Department of Labor and in consultation with the Secretary of
Housing and Urban Development, shall provide funds to States, units of
general local government, and community-based organizations to save and
create local jobs through the retention, restoration, or expansion of
services needed by local communities.
SEC. 102. ALLOTMENT FORMULA.
(a) Reservations by the Secretary.--Of the amount appropriated
under section 111 for each fiscal year, the Secretary may reserve--
(1) not more than 1 percent to administer this title; and
(2) not more than 0.5 percent to award grants, on a
competitive basis, to Indian tribes for purposes of this title.
(b) Making Funds Available for Allotment by the Secretary.--Of the
amounts appropriated under section 111 and not reserved under
subsection (a), the Secretary shall make available for allotment the
amounts for each fiscal year as follows:
(1) Seventy percent to entitlement communities, of which
the Secretary shall make available for allotment--
(A) 25 percent to each entitlement community in an
amount which bears the same ratio to the total amount
made available under this subparagraph as the
population of the entitlement community bears to the
total population of all entitlement communities;
(B) 25 percent to each entitlement community in an
amount which bears the same ratio to the total amount
made available under this subparagraph as the extent of
poverty in the entitlement community bears to the
extent of poverty in all entitlement communities; and
(C) 50 percent to each entitlement community in an
amount which bears the same ratio to the total amount
made available under this subparagraph as the number of
unemployed individuals in the entitlement community
bears to the total number of unemployed individuals in
all entitlement communities.
(2) Thirty percent to States, of which the Secretary shall
make available for allotment--
(A) 25 percent to each State in an amount which
bears the same ratio to the total amount made available
under this subparagraph as the population of the State
bears to the total population of all States;
(B) 25 percent to each State in an amount which
bears the same ratio to the total amount made available
under this subparagraph as the extent of poverty in the
State bears to the extent of poverty in all States; and
(C) 50 percent to each State in an amount which
bears the same ratio to the total amount made available
under this subparagraph as the number of unemployed
individuals in the State bears to the total number of
unemployed individuals in all States.
(c) Reservation and Allotments by States.--
(1) Reservation.--Of the amount of funds allotted to a
State under section 104(c)(2)(A) for each fiscal year, a State
may reserve not more than 2 percent for administrative
purposes.
(2) Allotments by states.--
(A) In general.--A State shall provide all of the
funds allotted to the State under section 104(c)(2)(A)
that are not reserved under paragraph (1) as follows:
(i) Not more than 50 percent of the funds
to units of general local government located in
nonentitlement areas of the State to continue
to provide employee compensation to employees
employed by the unit, as of the date of the
enactment of this Act, in positions that--
(I) provide local services to the
public; and
(II) would otherwise be terminated
or reduced as a result of fiscal
constraints of such unit.
(ii) Not more than 50 percent of the
remainder of the funds (after allotting funds
under clause (i)) to community-based
organizations to employ individuals newly hired
or employed under a contract entered into after
the date of the enactment of this Act to
provide services or functions that are not
customarily provided by a unit of general local
government located in a nonentitlement area of
the State where such services or functions will
be provided by the organization.
(iii) All of the remainder of the funds
(after allotting funds under clauses (i) and
(ii)) to units of general local government
located in nonentitlement areas of the State to
provide employee compensation to individuals
newly hired to carry out the local public
services described in subclauses (I) and (II)
of section 103(c)(1)(B)(i) for the unit.
(B) Allotments.--In allotting funds under
subparagraph (A) for a fiscal year, a State shall--
(i) provide to units of general local
government and community-based organizations
located in a non-entitlement area of a
Congressional district of the State not less
than an amount of funds that bears the same
ratio to the total amount made available to be
allotted to the State under subsection (b)(2)
for such fiscal year as the population of the
nonentitlement area of the Congressional
district bears to the total population of all
nonentitlement areas of the State;
(ii) if the total amount of funds allotted
by the Secretary to a State under section
104(c)(2)(A) on behalf of units of general
local government and community-based
organizations located in the nonentitlement
area of a Congressional district of the State
is less than the amount to be provided to the
units and organizations under clause (i) for
such fiscal year, provide to the units and
organizations an amount of funds equal to the
amount of funds so allotted for such fiscal
year; and
(iii) consult with local elected officials
from among units of general local government
located in nonentitlement areas of such State
in determining the method of allotment of such
funds.
(d) Rule for Providing Funds to Community-Based Organizations.--In
providing funds under this Act to community-based organizations, a unit
of general local government or State shall, to the extent practicable,
give priority to community-based organizations that will provide
services or functions in accordance with this Act to--
(1) public use microdata areas that have a poverty rate of
12 percent or more; or
(2) units of general local government that have an
unemployment rate that is 2 percent higher than the national
unemployment rate.
SEC. 103. USES OF FUNDS BY UNITS OF GENERAL LOCAL GOVERNMENT AND
COMMUNITY-BASED ORGANIZATIONS.
(a) Entitlement Communities.--Of the amount of funds received under
section 104(c)(1) for each fiscal year, a unit of general local
government that is an entitlement community--
(1) may use not more than 5 percent for administrative
purposes;
(2) may use up to 50 percent of the remainder of such funds
(after using the funds pursuant to paragraph (1)) to continue
to provide employee compensation to employees employed by the
unit, as of the date of the enactment of this Act, in positions
that--
(A) provide local services to the public; and
(B) would otherwise be terminated or reduced as a
result of fiscal constraints of such unit;
(3) may provide up to 50 percent of the remainder of such
funds (after using the funds pursuant to paragraph (1) and (2))
to community-based organization to employ individuals newly
hired or employed under a contract entered into after the date
of the enactment of this Act to provide services or functions
that are not customarily provided by the unit, of which--
(A) not less than 93 percent shall be used to
provide employee compensation to such individuals;
(B) not more than 5 percent may be used by the
organization for supportive services; and
(C) not more than 2 percent may be used by the
organization for administrative purposes; and
(4) shall use all of the remainder of such funds (after
using the funds pursuant to paragraphs (1) through (3)), to the
extent that the unit determines that it has a need for
additional employees, to provide employee compensation to
individuals newly hired by the unit to carry out the local
public services described in subclauses (I) and (II) of section
103(c)(1)(B)(i) for the unit.
(b) Nonentitlement Areas.--Of the amount of funds received under
section 104(c)(2)(B) for each fiscal year--
(1) a unit of general local government that is located in a
nonentitlement area of a State--
(A) may use not more than 2 percent for
administrative purposes; and
(B) shall use all of the remainder of such funds
(after using the funds pursuant to subparagraph (A)) to
provide employee compensation to individuals described
in clause (i) or (iii) of section 102(c)(2)(A), as
determined by the State; and
(2) a community-based organization--
(A) shall use not less than 93 percent to provide
employee compensation to individuals described in
section 102(c)(2)(A)(ii);
(B) may use up to 5 percent for supportive
services; and
(C) may use up to 2 percent for administrative
purposes.
(c) Funded Positions; Consultation by Chief Executive Officers.--
(1) Funded positions.--
(A) Full-time, full-year employment.--
(i) In general.--An individual hired under
this title by a unit of general local
government or community-based organization
shall fill a position that offers full-time,
full-year employment.
(ii) Definitions.--For purposes of this
subparagraph--
(I) the term ``full-time'' when
used in relation to employment has the
meaning already established or, if the
meaning has not been established,
determined to be appropriate for
purposes of this title, by the unit of
general local government or community-
based organization hiring an individual
under this title; and
(II) the term ``full-year'' when
used in relation to employment means a
position that provides employment for a
12-month period, except that in the
case of a position that provides a
service required by a unit or
organization for only the duration of a
school year, the term means a position
that provides employment for such
duration.
(B) Services for units.--An individual hired under
this title--
(i) by a unit of general local government,
shall fill a position to assist the unit in--
(I) restoring local public services
terminated within the preceding 5
years;
(II) expanding existing local
public services; or
(III) retaining local public
services that would otherwise be
reduced as a result of the fiscal
constraints of such unit; or
(ii) by a community-based organization,
shall fill a position to provide services or
functions that are not customarily provided by
a unit of general local government where such
services or functions will be provided by the
organization.
(2) Consultation by chief executive officers.--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
positions that should be funded under this title for such unit
for each fiscal year.
SEC. 104. STATEMENTS OF NEED; APPROVAL AND ALLOTMENT OF FUNDS.
(a) Submission of Statements; Notice of Allotment and Intent.--
(1) In general.--
(A) Notice of allocation.--The Secretary shall post
on a publicly accessible Internet Web site of the
Department of Labor, the total amount of funds made
available for allotment under this title for a fiscal
year to each unit of general local government that is
an entitlement community and each State that is
eligible to receive funds under this title for such
fiscal year.
(B) Submission.--In order to receive funds under
this title for a fiscal year for which funds are
appropriated to carry out this title, a unit of general
local government, community-based organization, or a
State shall submit a statement in accordance with
paragraph (2) or (3), as applicable, certifying the
information described in subsection (b) for such fiscal
year.
(C) Notice of intent.--
(i) In general.--Seven days prior to the
submission of a statement under subparagraph
(B), a unit of general local government that is
an entitlement community or State shall publish
public notice of the intent to submit a
statement under such subparagraph, which
includes a copy of the statement.
(ii) Internet web site.--In publishing
public notice under clause (i), a unit of
general local government or State shall post
the notice and information described in such
clause on a publicly available Internet Web
site of the unit or State, as applicable.
(2) Entitlement communities.--
(A) Statements from units.--In order to receive
funds under this title for a fiscal year for which
funds are appropriated to carry out this title, a unit
of general local government that is an entitlement
community shall submit to the Secretary, at such time
and in such manner as determined by the Secretary, a
statement that certifies the information described in
subsection (b)--
(i) with respect to such unit for such
fiscal year; and
(ii) with respect to the community-based
organizations the unit plans to fund, using
funds the unit receives under this title, for
such fiscal year.
(B) Statements from community-based
organizations.--In order to receive funds for a fiscal
year from a unit of general local government that is an
entitlement community receiving funds for such fiscal
year under this title, a community-based organization
shall submit to a unit of general local government that
is an entitlement community, at such time and in such
manner as determined by the unit, a statement
certifying the information described in subsection (b)
with respect to such organization for such fiscal year.
(3) Nonentitlement areas.--
(A) Statement from units and organizations.--In
order to receive funds for a fiscal year from a State
receiving funds for such fiscal year under this title,
a unit of general local government that is located in a
nonentitlement area of the State, or a community-based
organization, shall submit to the State, at such time
and in such manner as determined by the State, a
statement certifying the information described in
subsection (b)--
(i) with respect to such unit for such
fiscal year; or
(ii) with respect to such organization for
such fiscal year.
(B) Statements from states.--After reviewing the
statements received under subparagraph (A) for a fiscal
year, a State shall submit to the Secretary, at such
time and in such manner as determined by the Secretary,
a statement certifying the information described in
subsection (b) with respect to the units of general
local government and community-based organizations that
the State plans to fund, using funds the State receives
under this title, for such fiscal year.
(b) Information Certified.--A statement submitted under subsection
(a) shall certify, with respect to a unit of general local government
or community-based organization, as applicable, the following
information:
(1) The amount of funds requested by such unit or
organization.
(2) The number of individuals who will receive employee
compensation with such funds.
(3) The job titles of, and the amount of employee
compensation and the employers (units or organizations) for,
the positions that will be filled by the individuals.
(4) Whether the positions will--
(A) in the case of employment with a unit, assist
in retaining, restoring, or expanding an existing local
public service; or
(B) in the case of employment with an organization,
provide services or functions that are not customarily
provided by a unit that is an entitlement community, or
a unit located in a nonentitlement area of a State,
where such services or functions will be provided by
the organization.
(5) The estimated date of hiring for the positions.
(6) A statement documenting the need for the services to be
carried out by the individuals hired for the positions.
(7) In the case of a unit that desires to use funds
received under this title to continue to provide employee
compensation for existing employees of the unit in accordance
with section 102(c)(2)(A)(i) or 103(a)(2), a statement
documenting the fiscal constraints of the unit that would
result in the termination or reduction of the positions of such
employees.
(8) A description of the unit's or organization's plan to
target recruitment efforts for positions funded under this
title in accordance with section 105(b).
(9) An assurance by the unit or organization that the unit
or organization will comply with all provisions of this title.
(10) An assurance by the unit or organization that the unit
or organization will comply with all applicable Federal, State,
and local labor laws, including laws concerning wages and
hours, labor relations, family and medical leave, occupational
safety and health, and nondiscrimination.
(c) Approval and Allotment of Funds.--
(1) Entitlement communities.--Within 30 days of receipt of
a statement submitted under subsection (a)(2)(A) by unit of
general local government that is an entitlement community, the
Secretary shall allot to the unit the amount of funds requested
by the unit for a fiscal year, not to exceed the total amount
of funds available to be allotted under section 102(b)(1) to
the unit for such fiscal year.
(2) Nonentitlement areas.--
(A) Approval by the secretary.--Within 30 days of
receipt of a statement submitted under subsection
(a)(3)(B) by a State with respect to a unit of general
local government located in a nonentitlement area, or a
community-based organization to provide services or
functions that are not customarily provided by a unit
of general local government located in a nonentitlement
area where such services or functions will be provided
by the organization, for a fiscal year, the Secretary
shall allot to the State the amount of funds requested
by the State for such unit or organization for such
fiscal year, not to exceed the total amount of funds
available to be allotted under section 102(b)(2) to the
State for such fiscal year.
(B) State allotment of funds.--Not later than 15
days after receiving an allotment of funds from the
Secretary under subparagraph (A), the State shall
allot, in accordance with section 102(c)(2), all of the
funds to the unit or organization for which such funds
were provided by the Secretary under subparagraph (A).
(3) Withheld funds.--Notwithstanding paragraphs (1) and
(2), any funds under this title withheld pursuant to a
grievance filed under section 110(b) shall be withheld until
such grievance is resolved.
(d) Reallotment of Funds.--
(1) Units.--The funds made available for allotment under
this title for a fiscal year for a unit of general local
government that is an entitlement community that does not
submit, within 6 months after the date the Secretary publishes
a notice of allotment under subsection (a)(1)(A) for such unit,
to the Secretary a statement under subsection (a) that
indicates an intention to hire at least 1 individual under this
title for such fiscal year, shall be made available to be
reallotted by the Secretary for the fiscal year immediately
following such fiscal year, in accordance with the allotment
formula under section 102(b)(1).
(2) States.--The funds made available for allotment under
this title for a fiscal year for a State that does not submit,
within 6 months after the date the Secretary publishes a notice
of allotment under subsection (a)(1)(A) for such State, shall
be allotted by the Secretary to units of general local
government and community-based organizations located in the
nonentitlement area of the State to carry out the purposes of
this title for such fiscal year.
SEC. 105. COMPLIANCE WITH LOCAL LAWS AND CONTRACTS; RECRUITMENT
REQUIREMENTS.
(a) Compliance With Local Laws and Contracts.--In hiring
individuals for positions funded under this title, or using funds under
this title to continue to provide employee compensation for existing
employees, a unit of general local government or community-based
organization shall comply with all applicable Federal, State, and local
laws, personnel policies and regulations, and collective bargaining
agreements, as if such individual was hired, or such employee
compensation was provided, without assistance under this title.
(b) Targeting Recruitment Efforts.--In recruiting individuals for
positions funded under this title, a unit of general local government
or community-based organization shall target recruitment efforts with
respect to individuals who--
(1) have been in receipt of unemployment compensation for
at least 25 weeks;
(2) have exhausted unemployment compensation within the
last 2 years;
(3) are veterans; or
(4) are unemployed individuals who are not eligible to
receive unemployment compensation because they do not have
sufficient wages to meet the minimum qualifications for such
compensation.
(c) Bonus Grants.--
(1) In general.--From the amounts made available under
paragraph (2), the Secretary may award grants to each unit of
general local government and each community-based organization
where at least 15 percent of the individuals hired for a
position under this Act for a fiscal year are individuals
described in subsection (b).
(2) Authorization of appropriations.--There are authorized
to be appropriated $100,000,000 to carry out this subsection
for each fiscal year.
SEC. 106. EMPLOYMENT STATUS AND COMPENSATION.
(a) Employee Status.--An individual hired for a position funded
under this title shall--
(1) be considered an employee of the unit of general local
government, or community-based organization, by which such
individual was hired; and
(2) receive the same employee compensation, have the same
rights and responsibilities and job classifications, and be
subject to the same job standards, employer policies, and
collective bargaining agreements as if such individual was
hired without assistance under this title.
(b) Limit on Number of Executive, Administrative, or Professional
Positions.--
(1) Units.--Of the total number of positions funded under
this title for a fiscal year for each unit of general local
government and each community-based organization--
(A) not more than 20 percent shall be in a bona
fide executive, administrative, or professional
capacity; and
(B) at least 80 percent shall not be in a bona fide
executive, administrative, or professional capacity.
(2) Definitions.--For purposes of this subsection, the
terms ``bona fide executive'', ``bona fide administrative'';
and ``bona fide professional'' when used in relation to
capacity shall have the meanings given such terms under section
13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)(1)).
(c) Total Amount of Compensation.--For each fiscal year for which
funds are appropriated to carry out this title, each unit of general
local government and each community-based organization that receives
funds under this title for any such fiscal year shall use such funds to
provide an amount equal to the total amount of employee compensation
for individuals hired under this title.
(d) Limit on Period of Employment.--Notwithstanding any agreement
or other provision of law (other than those provisions of law
pertaining to civil rights in employment), a unit of general local
government or community-based organization 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 unit or
organization receives funding under this title.
SEC. 107. NONDISPLACEMENT.
(a) Nondisplacement of Existing Employees.--
(1) In general.--Except as provided under section
102(c)(2)(A)(i) and 103(a)(2), a unit of general local
government or community-based organization may not employ an
individual for a position funded under this title, if--
(A) employing such individual will result in the
layoff or partial displacement (such as a reduction in
hours, wages, or employee benefits) of an existing
employee of the unit or organization; or
(B) such individual will perform the same or
substantially similar work that had previously been
performed by an employee of the unit or organization
who--
(i) has been laid off or partially
displaced (as such term is described in
subparagraph (A)); and
(ii) has not been offered by the unit or
organization, to be restored to the position
the employee had immediately prior to being
laid off or partially displaced.
(2) Elimination of position.--For the purposes of this
subsection, a position shall be considered to have been
eliminated by a unit of general local government or community-
based organization if the position has remained unfilled and
the unit or organization has not sought to fill such position
for at least a period of one month.
(3) Promotional opportunities.--An individual may not be
hired for a position funded under this title in a manner that
infringes upon the promotional opportunities of an existing
employee (as of the date of such hiring) of a unit or
organization receiving funding under this title.
(b) Nondisplacement of Local Government Services.--A community-
based organization receiving funds under this title may not use such
funds to provide services or functions that are customarily provided by
a unit of general local government where such services or functions are
provided by the organization.
SEC. 108. REPORTING REQUIREMENTS.
(a) Entitlement Community.--A unit of general local government that
is an entitlement community that receives funds under this title shall
submit, every 90 days during the period the unit receives such funds,
to the Secretary, a report that provides--
(1) the status of the unit's compliance with the statement
submitted by the unit under section 104(a)(2)(A); and
(2) the status of the compliance of any community-based
organization that receives funds from the unit pursuant to this
title with the statement submitted by the organization under
section 104(a)(2)(B).
(b) Nonentitlement Area.--
(1) Units and organizations.--A unit of general local
government located in a nonentitlement area of a State that is
receiving funds under this title, or a community-based
organization that is providing services in a non-entitlement
area of such State, shall submit, every 90 days during the
period the unit or organization receives funds from the State
pursuant to this title, to the State, a report that provides
the status of the compliance of the unit or organization with
the statements submitted under section 104(a)(3)(A).
(2) States.--A State shall submit, every 90 days during the
period the State receives funds under this title, to the
Secretary, a report containing the information received under
paragraph (1).
(c) Posting of Reports.--Upon receiving the reports submitted under
subsections (a) and (b)(2), the Secretary shall post on a publicly
accessible Web site of the Department of Labor such reports.
SEC. 109. AUDITING BY THE SECRETARY.
The Secretary shall perform random, periodic audits to determine
compliance with this title.
SEC. 110. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOTLINE, AND ENFORCEMENT
BY THE SECRETARY.
(a) Establishment of Arbitration Procedure.--
(1) In general.--Each unit of general local government that
is an entitlement community and each State that receives
funding under this title shall agree to the arbitration
procedure described in this subsection to resolve disputes
described in subsections (b) and (c).
(2) Written grievances.--
(A) In general.--If an employee (or an employee
representative) wishes to use the arbitration procedure
described in this subsection, such party shall file a
written grievance within the time period required under
subsection (b) or (c), as applicable, simultaneously
with the chief executive officer of a unit or State
involved in the dispute and the Secretary.
(B) In-person meeting.--Not later than 10 days
after the date of the filing of the grievance, the
chief executive officer (or the designee of the chief
executive officer) shall have an in-person meeting with
the party to resolve the grievance.
(3) Arbitration.--
(A) Submission.--If the grievance is not resolved
within the time period described in paragraph (2)(B), a
party, by written notice to the other party involved,
may submit such grievance to binding arbitration before
a qualified arbitrator who is jointly selected and
independent of the parties.
(B) Appointment by secretary.--If the parties
cannot agree on an arbitrator within 5 days of
submitting the grievance to binding arbitration under
subparagraph (A), one of the parties may submit a
request to the Secretary to appoint a qualified and
independent arbitrator. The Secretary shall appoint a
qualified and independent arbitrator within 15 days
after receiving the request.
(C) Hearing.--Unless the parties mutually agree
otherwise, the arbitrator shall conduct a hearing on
the grievance and issue a decision not later than 30
days after the date such arbitrator is selected or
appointed.
(D) Costs.--
(i) In general.--Except as provided in
clause (ii), the cost of an arbitration
proceeding shall be divided evenly between the
parties to the arbitration.
(ii) Exception.--If a grievant prevails
under an arbitration proceeding, the unit of
general local government or State involved in
the dispute shall pay the cost of such
proceeding, including attorneys' fees.
(b) Disputes Concerning the Allotment of Funds.--In the case where
a dispute arises as to whether a unit of general local government that
is an entitlement community or State has improperly requested funds for
services or functions to be provided by a community-based organization
that are customarily provided by the unit or, in the case of a State,
by a unit located in the nonentitlement area of the State where
services or functions will be provided by the organization, an employee
or employee representative of the unit or State may file a grievance
under subsection (a) not later than 15 days after public notice of an
intent to submit a statement under section 104(a) is published in
accordance with paragraph (1)(C) of such section. Upon receiving a copy
of the grievance, the Secretary shall withhold the funds subject to
such grievance, unless and until the grievance is resolved under
subsection (a), by the parties or an arbitrator in favor of providing
such funding.
(c) All Other Disputes.--
(1) In general.--In the case of a dispute not covered under
subsection (b) concerning compliance with the requirements of
this title by a unit of general local government that is an
entitlement community, State, or community-based organization
receiving funds under this title, an employee or employee
representative of the unit or State may file a grievance under
subsection (a) not later than 90 days after the dispute arises.
In such cases, an arbitrator may award such remedies as are
necessary to make the grievant whole, including the
reinstatement of a displaced employee or the payment of back
wages, and may submit recommendations to the Secretary to
ensure further compliance with the requirements of this title,
including recommendations to suspend or terminate funding, or
to require the repayment of funds received under this title
during any period of noncompliance.
(2) Existing grievance procedures.--A party to a dispute
described in paragraph (1) may use the existing grievance
procedure of a unit or State involved in such dispute, or the
arbitration procedure described in this subsection, to resolve
such dispute.
(d) Party Defined.--For purposes of subsections (a), (b), and (c),
the term ``party'' means an employee, employee representative, unit of
general local government, or State, involved in a dispute described in
subsection (b) or (c).
(e) Whistleblower Hotline; Enforcement by the Secretary.--
(1) Whistleblower hotline.--The Secretary shall post on a
publicly accessible Internet Web site of the Department of
Labor the contact information for reporting noncompliance with
this title by a State, unit of general local government,
community-based organization, or individual receiving funding
under this title.
(2) Enforcement by the secretary.--
(A) In general.--If the Secretary receives a
complaint alleging noncompliance with this title, the
Secretary may conduct an investigation and after notice
and an opportunity for a hearing, may order such
remedies as the Secretary determines appropriate,
including--
(i) withholding further funds under this
title to a noncompliant entity;
(ii) requiring the entity to make an
injured party whole; or
(iii) requiring the entity to repay to the
Secretary any funds received under this title
during any period of noncompliance.
(B) Definition.--For purposes of this paragraph,
the term ``entity'' means State, unit of general local
government, community-based organization, or
individual.
(C) Recommendation by an arbitrator.--A remedy
described in subparagraph (A) may also be ordered by
the Secretary upon recommendation by an arbitrator
appointed or selected under this section.
SEC. 111. APPROPRIATION.
There are appropriated such amounts as may be necessary to carry
out this title for each fiscal year.
SEC. 112. DEFINITIONS.
In this title:
(1) In general.--The terms ``city''; ``extent of poverty'';
``metropolitan city''; ``urban county''; ``nonentitlement
area''; ``population''; and ``State'' have the meanings given
the terms in section 102 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302).
(2) Benefits.--The term ``benefits'' has the meaning given
the term ``employment benefits'' in section 101 of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2611).
(3) Community-based organization.--The term ``community-
based organization'' means a private nonprofit organization
that--
(A) is representative of a community within a unit
of general local government or a significant segment of
the community; and
(B) has demonstrated expertise and effectiveness in
providing services or functions to the community not
customarily provided by the unit.
(4) Employee compensation.--The term ``employee
compensation'' includes wages and benefits.
(5) Entitlement communities.--The term ``entitlement
communities'' includes metropolitan cities and urban counties.
(6) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(8) Supportive services.--The term ``supportive services''
means services such as transportation and child care that are
necessary to enable an individual to be employed in a position
funded under this title.
(9) Unemployed individual.--The term ``unemployed
individual'' has the meaning given such term in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801).
(10) Unit of general local government.--The term ``unit of
general local government'' means any city, county, town,
township, parish, village, or other general purpose political
subdivision of a State; Guam, the Northern Mariana Islands, the
Virgin Islands, and American Samoa, or a general purpose
political subdivision thereof; a combination of such political
subdivisions that is recognized by the Secretary; and the
District of Columbia.
(11) Veteran.--The term ``veteran'' has the meaning given
such term in section 101 of the Workforce Investment Act (29
U.S.C. 2801).
(12) Wage.--The term ``wage'' has the meaning given such
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
TITLE II--EDUCATION JOBS FUND
SEC. 201. EDUCATION JOBS FUNDS.
There are authorized to be appropriated and there are appropriated
out of any money in the Treasury not otherwise obligated for necessary
expenses for an Education Jobs Fund, $23,000,000,000: Provided, That
the amount under this heading shall be administered under the terms and
conditions of sections 14001 through 14013 and title XV of division A
of the American Recovery and Reinvestment Act of 2009 (Public Law 111-
5) except as follows:
(1) Allocation of funds.--
(A) Funds appropriated under this heading shall be
available only for allocation by the Secretary of
Education (in this heading referred to as the
Secretary) in accordance with subsections (a), (b),
(d), (e), and (f) of section 14001 of division A of
Public Law 111-5 and subparagraph (B) of this
paragraph, except that the amount reserved under such
subsection (b) shall not exceed $1,000,000 and such
subsection (f) shall be applied by substituting 1 year
for 2 years.
(B) Prior to allocating funds to States under
section 14001(d) of division A of Public Law 111-5, the
Secretary shall allocate 0.5 percent to the Secretary
of the Interior for schools operated or funded by the
Bureau of Indian Affairs on the basis of the schools'
respective needs for activities consistent with this
heading under such terms and conditions as the
Secretary of the Interior may determine.
(2) Reservation.--A State that receives an allocation of
funds appropriated under this heading may reserve not more than
2 percent for the administrative costs of carrying out its
responsibilities with respect to those funds.
(3) Awards to local educational agencies.--
(A) Except as specified in paragraph (2), an
allocation of funds to a State shall be used only for
awards to local educational agencies for the support of
elementary and secondary education in accordance with
paragraph (5) for the 2011-2012 school year.
(B) Funds used to support elementary and secondary
education shall be distributed through a State's
primary elementary and secondary funding formula or
based on local educational agencies' relative shares of
funds under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et
seq.) for the most recent fiscal year for which data
are available.
(C) Subsections (a) and (b) of section 14002 of
division A of Public Law 111-5 shall not apply to funds
appropriated under this heading.
(4) Compliance with education reform assurances.--For
purposes of awarding funds appropriated under this heading, any
State that had an approved application for Phase II of the
State Fiscal Stabilization Fund that was submitted in
accordance with the application notice published in the Federal
Register on November 17, 2009 (74 Fed. Reg. 59142) shall be
deemed to be in compliance with subsection (b) and paragraphs
(2) through (5) of subsection (d) of section 14005 of division
A of Public Law 111-5.
(5) Requirement to use funds to retain or create education
jobs.--Notwithstanding section 14003(a) of division A of Public
Law 111-5, funds awarded to local educational agencies under
paragraph (3)--
(A) may be used only for compensation and benefits
and other expenses, such as support services, necessary
to retain existing employees, to recall or rehire
former employees, and to hire new employees, in order
to provide early childhood, elementary, or secondary
educational and related services; and
(B) may not be used for general administrative
expenses or for other support services expenditures as
those terms were defined by the National Center for
Education Statistics in its Common Core of Data as of
the date of enactment of this Act.
(6) Prohibition on use of funds for rainy-day funds or debt
retirement.--A State that receives an allocation may not use
such funds, directly or indirectly, to--
(A) establish, restore, or supplement a rainy-day
fund;
(B) supplant State funds in a manner that has the
effect of establishing, restoring, or supplementing a
rainy-day fund;
(C) reduce or retire debt obligations incurred by
the State; or
(D) supplant State funds in a manner that has the
effect of reducing or retiring debt obligations
incurred by the State.
(7) Deadline for award.--The Secretary shall award funds
appropriated under this heading not later than 45 days after
the date of the enactment of this Act to States that have
submitted applications meeting the requirements applicable to
funds under this heading. The Secretary shall not require
information in applications beyond what is necessary to
determine compliance with applicable provisions of law.
(8) Alternate distribution of funds.--If, within 30 days
after the date of the enactment of this Act, a Governor has not
submitted an approvable application, the Secretary shall
provide for funds allocated to that State to be distributed to
another entity or other entities in the State (notwithstanding
section 14001(e) of division A of Public Law 111-5) for support
of elementary and secondary education, under such terms and
conditions as the Secretary may establish, provided that all
terms and conditions that apply to funds appropriated under
this heading shall apply to such funds distributed to such
entity or entities. No distribution shall be made to a State
under this paragraph, however, unless the Secretary has
determined (on the basis of such information as may be
available) that the requirements of clauses (i), (ii), or (iii)
of paragraph 10(A) are likely to be met, notwithstanding the
lack of an application from the Governor of that State.
(9) Local educational agency application.--Section 442 of
the General Education Provisions Act shall not apply to a local
educational agency that has previously submitted an application
to the State under title XIV of division A of Public Law 111-5.
The assurances provided under that application shall continue
to apply to funds awarded under this heading.
(10) Maintenance of effort.--
(A) Except as provided in paragraph (8), the
Secretary shall not allocate funds to a State under
paragraph (1) unless the Governor of the State provides
an assurance to the Secretary that--
(i) for State fiscal year 2011, the State
will maintain State support for elementary and
secondary education (in the aggregate or on the
basis of expenditures per pupil) and for public
institutions of higher education (not including
support for capital projects or for research
and development or tuition and fees paid by
students) at not less than the level of such
support for each of the two categories,
respectively, for State fiscal year 2009;
(ii) for State fiscal year 2011, the State
will maintain State support for elementary and
secondary education and for public institutions
of higher education (not including support for
capital projects or for research and
development or tuition and fees paid by
students) at a percentage of the total revenues
available to the State that is equal to or
greater than the percentage provided for each
of the two categories, respectively, for State
fiscal year 2010; or
(iii) in the case of a State in which State
tax collections for calendar year 2009 were
less than State tax collections for calendar
year 2006, for State fiscal year 2011 the State
will maintain State support for elementary and
secondary education (in the aggregate) and for
public institutions of higher education (not
including support for capital projects or for
research and development or tuition and fees
paid by students)--
(I) at not less than the level of
such support for each of the two
categories, respectively, for State
fiscal year 2006; or
(II) at a percentage of the total
revenues available to the State that is
equal to or greater than the percentage
provided for each of the two
categories, respectively, for State
fiscal year 2006.
(B) Section 14005(d)(1) and subsections (a) through
(c) of section 14012 of division A of Public Law 111-5
shall not apply to funds appropriated under this
heading.
TITLE III--LAW ENFORCEMENT AND FIREFIGHTER JOBS
SEC. 301. APPROPRIATION.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, and for the following purposes,
namely:
DEPARTMENT OF JUSTICE
Community Oriented Policing Services
(including transfer of funds)
For an additional amount for ``Community Oriented Policing
Services'', for grants under section 1701 of title I of the 1968
Omnibus Crime Control and Safe Streets Act (42 U.S.C. 3796dd) for
hiring and rehiring of additional career law enforcement officers under
part Q of such title, notwithstanding subsection (i) of such section,
$1,179,000,000, of which $2,950,000 shall be transferred to ``State and
Local Law Enforcement Activities, Salaries and Expenses'' for
management, administration and oversight of such grants.
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
firefighter assistance grants
For an additional amount for ``Firefighter Assistance Grants'' for
necessary expenses for programs authorized by section 34 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a),
$500,000,000: Provided, That notwithstanding any provision under
section 34(a)(1)(A) of such Act specifying that grants must be used to
increase the number of firefighters in fire departments, the Secretary
of Homeland Security, in making grants under section 34 of such Act for
fiscal year 2010, shall grant waivers from the requirements of
subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section:
Provided further, That section 34(a)(1)(E) of such Act shall not apply
with respect to funds appropriated in this or any other Act making
appropriations for fiscal year 2010 for grants under section 34 of such
Act: Provided further, That the Secretary of Homeland Security, in
making grants under section 34 of such Act, shall ensure that funds
appropriated under this or any other Act making appropriations for
fiscal year 2010 are made available for the retention of firefighters
and shall award grants not later than 120 days after the date of
enactment of this Act: Provided further, That the Secretary may
transfer any unused funds under this heading to make grants for
programs authorized by section 33 of such Act (15 U.S.C. 2229) after
notification to the Committees on Appropriations of the Senate and the
House of Representatives.
TITLE IV--ON-THE-JOB TRAINING
SEC. 401. APPROPRIATION.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, and for the following purposes,
namely:
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment Services''
for activities under the Workforce Investment Act of 1998 (``WIA''),
$500,000,000 which shall be available for obligation on the date of
enactment of this Act, Provided, That such funds shall be used solely
for on-the-job training (as such term is defined in section 101(31) of
the WIA): Provided further, That $250,000,000 of such amount shall be
for such on-the-job training for individuals who reside in local areas
that--
(1) have a poverty rate of 12 percent or more for each
Public Use Microdata Area (PUMA) in such local area; or
(2) have an unemployment rate that is 2 percent higher than
the national unemployment rate.
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