[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.
                                 <all>