[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3500 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3500

  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 SENATE OF THE UNITED STATES

                             June 16, 2010

Mr. Brown of Ohio (for himself, Mr. Franken, and Mr. Begich) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 under 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) 70 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) 30 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 subsection (b)(2) 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 subsection (b)(2) 
                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 
                        enactment of this Act, in positions that--
                                    (I) provide local public services 
                                for the unit; 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 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 subsection 
                        (b)(2) 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 102(b)(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 not more than 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 enactment of this Act, in 
        positions that--
                    (A) provide local public services for the unit; and
                    (B) would otherwise be terminated or reduced as a 
                result of fiscal constraints of such unit;
            (3) may provide not more than 50 percent of the remainder 
        of such funds (after using the funds pursuant to paragraphs (1) 
        and (2)) to community-based organization to employ individuals 
        newly hired or employed under a contract entered into after the 
        date of 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 
        subsection (c)(1)(B)(i) for the unit.
    (b) Nonentitlement Areas.--Of the amount of funds received under 
section 102(b)(2) 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 not more than 5 percent for supportive 
                services; and
                    (C) may use not more than 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 
                available 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 available 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 after receipt 
        of a statement submitted under subsection (a)(2)(A) by a 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 90 days 
                after 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 45 
                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 
        not less than 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 not less than 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) not less than 80 percent may not be in a bona 
                fide executive, administrative, or professional 
                capacity.
            (2) Definitions.--In this subsection, the term ``bona fide 
        executive, administrative, or professional capacity'' means 
        that capacity within the meaning given the term 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 available to carry out this title, each unit of general local 
government and each community-based organization that receives funds 
under this title for 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 sections 
        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 1 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) In General.--A unit of general local government that is an 
entitlement community that receives funds under this title, and a State 
that receives funds under this title for a unit of general local 
government located in a nonentitlement area, or for a community-based 
organization that is providing services in such an area, shall submit 
to the Secretary a report that includes such information as the 
Secretary may require. That information may include information 
concerning characteristics of individuals employed under this title, 
services received by the individuals, outcomes achieved, and other 
performance and fiscal matters.
    (b) Posting of Reports.--Upon receiving the reports submitted under 
subsection (a), the Secretary shall post such reports on a publicly 
accessible Web site of the Department of Labor.

SEC. 109. AUDITS AND EVALUATIONS BY THE SECRETARY.

    (a) Audits.--The Secretary shall perform random, periodic audits to 
determine compliance with this title.
    (b) Evaluations.--
            (1) Secretary.--The Secretary shall conduct an evaluation 
        of the program carried out under this title. The Secretary 
        shall prepare and submit to Congress a report containing the 
        results of the evaluation.
            (2) Recipients.--Each unit of general local government, and 
        each State, that is required to submit a report under section 
        108(a) shall submit to the Secretary such information as the 
        Secretary may determine to be necessary to conduct such an 
        evaluation.

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), 1 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 104(a). 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. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated and there are appropriated, 
out of any money in the Treasury not otherwise 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--
                    (A) any city, county, town, township, parish, 
                village, or other general purpose political subdivision 
                of a State;
                    (B) Guam, the Northern Mariana Islands, the United 
                States Virgin Islands, and American Samoa, or a general 
                purpose political subdivision thereof;
                    (C) a combination of the political subdivisions 
                described in subparagraph (A) or (B) that is recognized 
                by the Secretary; and
                    (D) the District of Columbia.
            (11) Veteran.--The term ``veteran'' has the meaning given 
        such term in section 101 of the Workforce Investment Act of 
        1998 (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

SEC. 201. AUTHORIZATION AND APPROPRIATIONS FOR EDUCATION JOBS FUND.

    There is authorized to be appropriated, and there is appropriated, 
from any amounts in the treasury not otherwise appropriated, 
$23,000,000,000 for the necessary expenses of an Education Jobs Fund 
for fiscal year 2011. Such appropriated amount shall remain available 
for obligation through September 30, 2012. The Education Jobs Fund 
shall be administered by the Secretary of Education under the terms and 
conditions of sections 14001 through 14013 of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5), 
except as follows:
            (1) Allocation to bureau of indian affairs.--From the 
        amount appropriated to carry out this title, the Secretary of 
        Education shall first allocate not more than 0.5 percent to the 
        Secretary of the Interior for schools operated or funded by the 
        Bureau of Indian Affairs on the basis of their respective needs 
        for activities consistent with this title under such terms and 
        conditions as the Secretary of Education may determine.
            (2) Allocations to states and outlying areas.--From the 
        amount appropriated to carry out this title and not allocated 
        under paragraph (1), the Secretary of Education shall make 
        allocations to States and outlying areas under subsections (a) 
        and (d) of section 14001 of division A of the American Recovery 
        and Reinvestment Act of 2009 (Public Law 111-5).
            (3) Reservation.--With respect to funds appropriated to 
        carry out this title, a State that receives an allocation may 
        reserve not more than 5 percent for--
                    (A) the administrative costs of carrying out its 
                responsibilities with respect to those funds, provided 
                the State reserves not more than 1 percent of its total 
                allocation for those costs; and
                    (B) retaining or creating positions in the State 
                educational agency or the State agency for higher 
                education, and other State agency positions related to 
                the administration or support of early childhood, 
                elementary, secondary, or postsecondary education.
            (4) Awards to local educational agencies and public 
        institutions of higher education.--
                    (A) In general.--Except as provided in paragraph 
                (3), an allocation of funds provided under this title 
                to a State under section 14001(d) of division A of the 
                American Recovery and Reinvestment Act of 2009 (Public 
                Law 111-5), shall be used only for awards to local 
                educational agencies and public institutions of higher 
                education for the support of elementary, secondary, and 
                postsecondary education. The Governor shall determine 
                how the funds appropriated under this title are 
                allocated for elementary and secondary education and 
                for public institutions of higher education. In making 
                the determination in the preceding sentence, the 
                Governor shall allocate funds among the categories of 
                elementary and secondary education and public 
                institutions of higher education generally in 
                proportion to any reductions in State funds for such 
                categories.
                    (B) Distribution.--Funds provided under this title 
                used to support elementary and secondary education as 
                described in subparagraph (A) shall be distributed 
                through the State's primary elementary and secondary 
                funding formula.
                    (C) Nonapplicability.--Subsections (a) and (b) of 
                section 14002 of division A of the American Recovery 
                and Reinvestment Act of 2009 (Public Law 111-5) shall 
                not apply to this paragraph.
            (5) Requirement to use funds to retain or create education 
        jobs.--Notwithstanding sections 14003(a) and 14004(a) of 
        division A of the American Recovery and Reinvestment Act of 
        2009 (Public Law 111-5), funds provided under this title may be 
        used only for compensation and benefits and other expenses, 
        such as support services, necessary to retain existing 
        employees, for activities defined in section 101(31) of the 
        Workforce Investment Act of 1998 (29 U.S.C. 2801(31)), and to 
        hire new employees in order to provide early childhood, 
        elementary, secondary, or postsecondary educational and related 
        services or for modernization, renovation, and repair of public 
        school facilities and facilities of institutions of higher 
        education.
            (6) Prohibition on use of funds for rainy-day funds or debt 
        retirement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a State that receives an allocation under this 
                title may not use such funds, directly or indirectly, 
                to--
                            (i) establish, restore, or supplement a 
                        rainy-day fund;
                            (ii) supplant State funds in a manner that 
                        has the effect of establishing, restoring, or 
                        supplementing a rainy-day fund;
                            (iii) reduce or retire debt obligations 
                        incurred by the State; or
                            (iv) supplant State funds in a manner that 
                        has the effect of reducing or retiring debt 
                        obligations incurred by the State.
                    (B) Balanced budget.--A State may use funds 
                provided under this title to fund balances that are 
                necessary to comply with any State requirement to 
                maintain a balanced budget.
            (7) Application considerations.--If, by a date set by the 
        Secretary of Education, a Governor has not submitted an 
        approvable application under section 14005(a) of division A of 
        the American Recovery and Reinvestment Act of 2009 (Public Law 
        111-5), the Secretary of Education may provide for the 
        distribution of funds allocated under section 14001(d) of 
        division A of the American Recovery and Reinvestment Act of 
        2009 (Public Law 111-5), to another entity or other entities in 
        the State, under such terms and conditions as the Secretary of 
        Education may establish, provided that all terms and conditions 
        that apply to the appropriation under this title shall apply to 
        such funds distributed to such entity or entities.
            (8) Local educational agency application.--Section 442 of 
        the General Education Provisions Act (20 U.S.C. 1232e) shall 
        not apply to a local educational agency that has previously 
        submitted an application to the State under title XIV of 
        division A of the American Recovery and Reinvestment Act of 
        2009 (Public Law 111-5). The assurances provided under that 
        application shall continue to apply to funds awarded under this 
        title.
            (9) Maintenance of effort.--The Secretary of Education 
        shall not allocate funds to a State under paragraph (1) unless 
        the Governor of the State provides an assurance to the 
        Secretary of Education that the State will comply with the 
        following:
                    (A) For fiscal year 2011, the State shall comply 
                with 1 of the following:
                            (i) The State shall maintain State support 
                        for elementary, secondary, and public higher 
                        education (not including support for capital 
                        projects or research and development or tuition 
                        and fees paid by students), in the aggregate, 
                        at the level of such support for fiscal year 
                        2010.
                            (ii) The State shall maintain State support 
                        for elementary, secondary, and public higher 
                        education (not including support for capital 
                        projects or research and development or tuition 
                        and fees paid by students), in the aggregate, 
                        at a level that is not less than such support 
                        for fiscal year 2006. In the case of a State 
                        that enacted a reduction to such aggregate 
                        level of fiscal year 2011 State support for 
                        elementary, secondary, and higher education 
                        after December 31, 2010, the State shall also 
                        maintain State support for elementary, 
                        secondary, and public higher education for 
                        fiscal year 2011 at a percentage of the total 
                        revenues available to the State that is equal 
                        to or greater than the percentage provided for 
                        such purpose for fiscal year 2011 prior to 
                        December 31, 2010.
                    (B) For fiscal year 2012, the State shall comply 
                with 1 of the following:
                            (i) The State shall maintain State support 
                        for elementary, secondary, and public higher 
                        education (not including support for capital 
                        projects or research and development or tuition 
                        and fees paid by students), in the aggregate, 
                        at the level of such support for fiscal year 
                        2010.
                            (ii) The State shall maintain State support 
                        for elementary, secondary, and public higher 
                        education (not including support for capital 
                        projects or research and development or tuition 
                        and fees paid by students), in the aggregate, 
                        at a percentage of the total revenues available 
                        to the State that is equal to or greater than 
                        the percentage provided for such purpose for 
                        fiscal year 2011.

            TITLE III--LAW ENFORCEMENT AND FIREFIGHTER JOBS

SEC. 301. COMMUNITY ORIENTED POLICING SERVICES.

    (a) Appropriation.--There is appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2011 for the appropriations account appropriated under 
the heading ``community oriented policing services'' under the heading 
``Office of Justice Programs'' under the heading ``DEPARTMENT OF 
JUSTICE'' $1,179,000,000 for grants under section 1701 of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (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.
    (b) Transfer.--Of the amount appropriated under subsection (a), 
$2,950,000 shall be transferred to the appropriations account 
appropriated under the heading ``salaries and expenses'' under the 
heading ``State and Local Law Enforcement Activities'' under the 
heading ``DEPARTMENT OF JUSTICE'' for management, administration, and 
oversight of the grants made using the amount appropriated under 
subsection (a).

SEC. 302. FIREFIGHTER ASSISTANCE GRANTS.

    (a) Appropriation.--There is appropriated, out of any amounts in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2011, for the appropriations account appropriated under 
the heading ``firefighter assistance grants'' under the heading 
``Federal Emergency Management Agency'' under the heading ``DEPARTMENT 
OF HOMELAND SECURITY'', $500,000,000 for necessary expenses for 
programs authorized under section 34 of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229a).
    (b) Waiver for Fiscal Year 2011 of Requirement That Grant Amounts 
Be Used To Increase Number of Firefighters.--The requirement of section 
34(a)(1)(A) of such Act that grants shall be used to increase the 
number of firefighters in fire departments shall not apply to grants 
under section 34 of such Act for fiscal year 2011 and the Secretary of 
Homeland Security shall grant waivers from the requirements of 
subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section 
for such fiscal year.
    (c) Inapplicability for Fiscal Year 2011 of Limitations on Portions 
of Costs of Hiring Firefighters Covered by Grants.--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 2011 for grants 
under section 34 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229a).
    (d) Awarding of Grants Within 120 Days for Retention of 
Firefighters.--The Secretary shall ensure that funds appropriated under 
this Act and any other Act making appropriations for fiscal year 2011 
for grants under such section 34 are--
            (1) used to award grants not later than 120 days after the 
        date of the enactment of this Act; and
            (2) are used by fire departments for the retention of 
        firefighters.
    (e) Transfer of Unused Amounts.--The Secretary may transfer any 
unused amounts in the appropriations account appropriated under the 
heading ``firefighter assistance grants'' under the heading ``Federal 
Emergency Management Agency'' under the heading ``DEPARTMENT OF 
HOMELAND SECURITY'' to make grants for programs authorized by section 
33 of such Act (15 U.S.C. 2229) after notification to the Committee on 
Appropriations of the Senate and the Committee on Appropriations of the 
House of Representatives.

                     TITLE IV--ON-THE-JOB TRAINING

SEC. 401. DEPARTMENT OF LABOR; EMPLOYMENT AND TRAINING ADMINISTRATION; 
              TRAINING AND EMPLOYMENT SERVICES.

    (a) Additional Amount.--There is appropriated for fiscal year 2011, 
for an additional amount for ``Training and Employment Services'' for 
activities under the Workforce Investment Act of 1998 (referred to in 
this section as the ``WIA''), $500,000,000. That amount is appropriated 
out of any money in the Treasury not otherwise appropriated. The amount 
shall be available for obligation on the date of enactment of this Act.
    (b) On-the-Job Training.--The amount shall be used solely for on-
the-job training (as such term is defined in section 101(31) of the WIA 
(29 U.S.C. 2801(31)) and, in particular, $250,000,000 of such amount 
shall be used for such on-the-job training for individuals who reside 
in a local area that--
            (1) has a poverty rate of 12 percent or more for each 
        Public Use Microdata Area, as such terms are defined by the 
        Bureau of the Census, in such local area; or
            (2) has an unemployment rate that is 2 percent higher than 
        the national unemployment rate.
                                 <all>