II 

111TH CONGRESS 

2D SESSION S. 3500 

To provide funds to States, units of general local government, and communitybased 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Local Jobs for America 

5 Act’’. 


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1 TITLE I—LOCAL COMMUNITY 

2 JOBS 

3 SEC. 101. STABILIZATION FUNDING FOR LOCAL JOBS. 

4 From the amount appropriated under section 111, 

5 the Secretary, acting through the Employment and Train6 ing Administration of the Department of Labor and in 

7 consultation with the Secretary of Housing and Urban De8 velopment, shall provide funds to States, units of general 

9 local government, and community-based organizations to 

10 save and create local jobs through the retention, restora11 tion, or expansion of services needed by local communities. 

12 SEC. 102. ALLOTMENT FORMULA. 

13 (a) RESERVATIONS BY THE SECRETARY.—Of the 

14 amount appropriated under section 111 for each fiscal 

15 year, the Secretary may reserve— 

16 (1) not more than 1 percent to administer this 

17 title; and 

18 (2) not more than 0.5 percent to award grants, 

19 on a competitive basis, to Indian tribes for purposes 

20 of this title. 

21 (b) MAKING FUNDS AVAILABLE FOR ALLOTMENT BY

22 THE SECRETARY.—Of the amounts appropriated under 

23 section 111 and not reserved under subsection (a), the 

24 Secretary shall make available for allotment the amounts 

25 for each fiscal year as follows: 


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1 (1) 70 percent to entitlement communities, of 

2 which the Secretary shall make available for allot3 ment— 

4 (A) 25 percent to each entitlement commu5 nity in an amount which bears the same ratio 

6 to the total amount made available under this 

7 subparagraph as the population of the entitle8 ment community bears to the total population 

9 of all entitlement communities; 

10 (B) 25 percent to each entitlement commu11 nity in an amount which bears the same ratio 

12 to the total amount made available under this 

13 subparagraph as the extent of poverty in the 

14 entitlement community bears to the extent of 

15 poverty in all entitlement communities; and 

16 (C) 50 percent to each entitlement commu17 nity in an amount which bears the same ratio 

18 to the total amount made available under this 

19 subparagraph as the number of unemployed in20 dividuals in the entitlement community bears to 

21 the total number of unemployed individuals in 

22 all entitlement communities. 

23 (2) 30 percent to States, of which the Secretary 

24 shall make available for allotment— 


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1 (A) 25 percent to each State in an amount 

2 which bears the same ratio to the total amount 

3 made available under this subparagraph as the 

4 population of the State bears to the total popu5 lation of all States; 

6 (B) 25 percent to each State in an amount 

7 which bears the same ratio to the total amount 

8 made available under this subparagraph as the 

9 extent of poverty in the State bears to the ex10 tent of poverty in all States; and 

11 (C) 50 percent to each State in an amount 

12 which bears the same ratio to the total amount 

13 made available under this subparagraph as the 

14 number of unemployed individuals in the State 

15 bears to the total number of unemployed indi16 viduals in all States. 

17 (c) RESERVATION AND ALLOTMENTS BY STATES.— 

18 (1) RESERVATION.—Of the amount of funds al19 lotted to a State under subsection (b)(2) for each 

20 fiscal year, a State may reserve not more than 2 

21 percent for administrative purposes. 

22 (2) ALLOTMENTS BY STATES.— 

23 (A) IN GENERAL.—A State shall provide 

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1 section (b)(2) that are not reserved under para2 graph (1) as follows: 

3 (i) Not more than 50 percent of the 

4 funds to units of general local government 

5 located in nonentitlement areas of the 

6 State to continue to provide employee com7 pensation to employees employed by the 

8 unit, as of the date of enactment of this 

9 Act, in positions that— 

10 (I) provide local public services 

11 for the unit; and 

12 (II) would otherwise be termi13 nated or reduced as a result of fiscal 

14 constraints of such unit. 

15 (ii) Not more than 50 percent of the 

16 remainder of the funds (after allotting 

17 funds under clause (i)) to community18 based organizations to employ individuals 

19 newly hired or employed under a contract 

20 entered into after the date of enactment of 

21 this Act to provide services or functions 

22 that are not customarily provided by a unit 

23 of general local government located in a 

24 nonentitlement area of the State where 


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1 such services or functions will be provided 

2 by the organization. 

3 (iii) All of the remainder of the funds 

4 (after allotting funds under clauses (i) and 

5 (ii)) to units of general local government 

6 located in nonentitlement areas of the 

7 State to provide employee compensation to 

8 individuals newly hired to carry out the 

9 local public services described in subclauses 

10 (I) and (II) of section 103(c)(1)(B)(i) for 

11 the unit. 

12 (B) ALLOTMENTS.—In allotting funds 

13 under subparagraph (A) for a fiscal year, a 

14 State shall— 

15 (i) provide to units of general local 

16 government and community-based organi17 zations located in a non-entitlement area of 

18 a Congressional district of the State not 

19 less than an amount of funds that bears 

20 the same ratio to the total amount made 

21 available to be allotted to the State under 

22 subsection (b)(2) for such fiscal year as 

23 the population of the nonentitlement area 

24 of the Congressional district bears to the 


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1 total population of all nonentitlement areas 

2 of the State; 

3 (ii) if the total amount of funds allot4 ted by the Secretary to a State under sub5 section (b)(2) on behalf of units of general 

6 local government and community-based or7 ganizations located in the nonentitlement 

8 area of a Congressional district of the 

9 State is less than the amount to be pro10 vided to the units and organizations under 

11 clause (i) for such fiscal year, provide to 

12 the units and organizations an amount of 

13 funds equal to the amount of funds so al14 lotted for such fiscal year; and 

15 (iii) consult with local elected officials 

16 from among units of general local govern17 ment located in nonentitlement areas of 

18 such State in determining the method of 

19 allotment of such funds. 

20 (d) RULE FOR PROVIDING FUNDS TO COMMUNITY21 BASED ORGANIZATIONS.—In providing funds under this 

22 Act to community-based organizations, a unit of general 

23 local government or State shall, to the extent practicable, 

24 give priority to community-based organizations that will 


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1 provide services or functions in accordance with this Act 

2 to— 

3 (1) public use microdata areas that have a pov4 erty rate of 12 percent or more; or 

5 (2) units of general local government that have 

6 an unemployment rate that is 2 percent higher than 

7 the national unemployment rate. 

8 SEC. 103. USES OF FUNDS BY UNITS OF GENERAL LOCAL 

9 GOVERNMENT AND COMMUNITY-BASED OR10 GANIZATIONS. 

11 (a) ENTITLEMENT COMMUNITIES.—Of the amount of 

12 funds received under section 102(b)(1) for each fiscal 

13 year, a unit of general local government that is an entitle14 ment community— 

15 (1) may use not more than 5 percent for ad16 ministrative purposes; 

17 (2) may use not more than 50 percent of the 

18 remainder of such funds (after using the funds pur19 suant to paragraph (1)) to continue to provide em20 ployee compensation to employees employed by the 

21 unit, as of the date of enactment of this Act, in posi22 tions that— 

23 (A) provide local public services for the 

24 unit; and 


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1 (B) would otherwise be terminated or re2 duced as a result of fiscal constraints of such 

3 unit; 

4 (3) may provide not more than 50 percent of 

5 the remainder of such funds (after using the funds 

6 pursuant to paragraphs (1) and (2)) to community7 based organization to employ individuals newly hired 

8 or employed under a contract entered into after the 

9 date of enactment of this Act to provide services or 

10 functions that are not customarily provided by the 

11 unit, of which— 

12 (A) not less than 93 percent shall be used 

13 to provide employee compensation to such indi14 viduals; 

15 (B) not more than 5 percent may be used 

16 by the organization for supportive services; and 

17 (C) not more than 2 percent may be used 

18 by the organization for administrative purposes; 

19 and 

20 (4) shall use all of the remainder of such funds 

21 (after using the funds pursuant to paragraphs (1) 

22 through (3)), to the extent that the unit determines 

23 that it has a need for additional employees, to pro24 vide employee compensation to individuals newly 

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1 ices described in subclauses (I) and (II) of sub2 section (c)(1)(B)(i) for the unit. 

3 (b) NONENTITLEMENT AREAS.—Of the amount of 

4 funds received under section 102(b)(2) for each fiscal 

5 year— 

6 (1) a unit of general local government that is 

7 located in a nonentitlement area of a State— 

8 (A) may use not more than 2 percent for 

9 administrative purposes; and 

10 (B) shall use all of the remainder of such 

11 funds (after using the funds pursuant to sub12 paragraph (A)) to provide employee compensa13 tion to individuals described in clause (i) or (iii) 

14 of section 102(c)(2)(A), as determined by the 

15 State; and 

16 (2) a community-based organization— 

17 (A) shall use not less than 93 percent to 

18 provide employee compensation to individuals 

19 described in section 102(c)(2)(A)(ii); 

20 (B) may use not more than 5 percent for 

21 supportive services; and 

22 (C) may use not more than 2 percent for 

23 administrative purposes. 

24 (c) FUNDED POSITIONS; CONSULTATION BY CHIEF

25 EXECUTIVE OFFICERS.— 


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1 (1) FUNDED POSITIONS.— 

2 (A) FULL-TIME, FULL-YEAR EMPLOY3 MENT.— 

4 (i) IN GENERAL.—An individual hired 

5 under this title by a unit of general local 

6 government or community-based organiza7 tion shall fill a position that offers full8 time, full-year employment. 

9 (ii) DEFINITIONS.—For purposes of 

10 this subparagraph— 

11 (I) the term ‘‘full-time’’ when 

12 used in relation to employment has 

13 the meaning already established or, if 

14 the meaning has not been established, 

15 determined to be appropriate for pur16 poses of this title, by the unit of gen17 eral local government or community18 based organization hiring an indi19 vidual under this title; and 

20 (II) the term ‘‘full-year’’ when 

21 used in relation to employment means 

22 a position that provides employment 

23 for a 12-month period, except that in 

24 the case of a position that provides a 

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1 tion for only the duration of a school 

2 year, the term means a position that 

3 provides employment for such dura4 tion. 

5 (B) SERVICES FOR UNITS.—An individual 

6 hired under this title— 

7 (i) by a unit of general local govern8 ment, shall fill a position to assist the unit 

9 in— 

10 (I) restoring local public services 

11 terminated within the preceding 5 

12 years; 

13 (II) expanding existing local pub14 lic services; or 

15 (III) retaining local public serv16 ices that would otherwise be reduced 

17 as a result of the fiscal constraints of 

18 such unit; or 

19 (ii) by a community-based organiza20 tion, shall fill a position to provide services 

21 or functions that are not customarily pro22 vided by a unit of general local government 

23 where such services or functions will be 

24 provided by the organization. 


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1 (2) CONSULTATION BY CHIEF EXECUTIVE OFFI2 CERS.—A chief executive officer of a unit of general 

3 local government shall consult with the local commu4 nity and labor organizations representing employees 

5 of such unit in determining the positions that should 

6 be funded under this title for such unit for each fis7 cal year. 

8 SEC. 104. STATEMENTS OF NEED; APPROVAL AND ALLOT9 MENT OF FUNDS. 

10 (a) SUBMISSION OF STATEMENTS; NOTICE OF AL11 LOTMENT AND INTENT.— 

12 (1) IN GENERAL.— 

13 (A) NOTICE OF ALLOCATION.—The Sec14 retary shall post on a publicly accessible Inter15 net Web site of the Department of Labor, the 

16 total amount of funds made available for allot17 ment under this title for a fiscal year to each 

18 unit of general local government that is an enti19 tlement community and each State that is eligi20 ble to receive funds under this title for such fis21 cal year. 

22 (B) SUBMISSION.—In order to receive 

23 funds under this title for a fiscal year for which 

24 funds are available to carry out this title, a unit 

25 of general local government, community-based 


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1 organization, or a State shall submit a state2 ment in accordance with paragraph (2) or (3), 

3 as applicable, certifying the information de4 scribed in subsection (b) for such fiscal year. 

5 (C) NOTICE OF INTENT.— 

6 (i) IN GENERAL.—Seven days prior to 

7 the submission of a statement under sub8 paragraph (B), a unit of general local gov9 ernment that is an entitlement community 

10 or State shall publish public notice of the 

11 intent to submit a statement under such 

12 subparagraph, which includes a copy of the 

13 statement. 

14 (ii) INTERNET WEB SITE.—In pub15 lishing public notice under clause (i), a 

16 unit of general local government or State 

17 shall post the notice and information de18 scribed in such clause on a publicly avail19 able Internet Web site of the unit or State, 

20 as applicable. 

21 (2) ENTITLEMENT COMMUNITIES.— 

22 (A) STATEMENTS FROM UNITS.—In order 

23 to receive funds under this title for a fiscal year 

24 for which funds are available to carry out this 

25 title, a unit of general local government that is 


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1 an entitlement community shall submit to the 

2 Secretary, at such time and in such manner as 

3 determined by the Secretary, a statement that 

4 certifies the information described in subsection 

5 (b)— 

6 (i) with respect to such unit for such 

7 fiscal year; and 

8 (ii) with respect to the community9 based organizations the unit plans to fund, 

10 using funds the unit receives under this 

11 title, for such fiscal year. 

12 (B) STATEMENTS FROM COMMUNITY13 BASED ORGANIZATIONS.—In order to receive 

14 funds for a fiscal year from a unit of general 

15 local government that is an entitlement commu16 nity receiving funds for such fiscal year under 

17 this title, a community-based organization shall 

18 submit to a unit of general local government 

19 that is an entitlement community, at such time 

20 and in such manner as determined by the unit, 

21 a statement certifying the information described 

22 in subsection (b) with respect to such organiza23 tion for such fiscal year. 

24 (3) NONENTITLEMENT AREAS.— 


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1 (A) STATEMENT FROM UNITS AND ORGA2 NIZATIONS.—In order to receive funds for a fis3 cal year from a State receiving funds for such 

4 fiscal year under this title, a unit of general 

5 local government that is located in a nonentitle6 ment area of the State, or a community-based 

7 organization, shall submit to the State, at such 

8 time and in such manner as determined by the 

9 State, a statement certifying the information 

10 described in subsection (b)— 

11 (i) with respect to such unit for such 

12 fiscal year; or 

13 (ii) with respect to such organization 

14 for such fiscal year. 

15 (B) STATEMENTS FROM STATES.—After 

16 reviewing the statements received under sub17 paragraph (A) for a fiscal year, a State shall 

18 submit to the Secretary, at such time and in 

19 such manner as determined by the Secretary, a 

20 statement certifying the information described 

21 in subsection (b) with respect to the units of 

22 general local government and community-based 

23 organizations that the State plans to fund, 

24 using funds the State receives under this title, 

25 for such fiscal year. 


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1 (b) INFORMATION CERTIFIED.—A statement sub2 mitted under subsection (a) shall certify, with respect to 

3 a unit of general local government or community-based or4 ganization, as applicable, the following information: 

5 (1) The amount of funds requested by such 

6 unit or organization. 

7 (2) The number of individuals who will receive 

8 employee compensation with such funds. 

9 (3) The job titles of, and the amount of em10 ployee compensation and the employers (units or or11 ganizations) for, the positions that will be filled by 

12 the individuals. 

13 (4) Whether the positions will— 

14 (A) in the case of employment with a unit, 

15 assist in retaining, restoring, or expanding an 

16 existing local public service; or 

17 (B) in the case of employment with an or18 ganization, provide services or functions that 

19 are not customarily provided by a unit that is 

20 an entitlement community, or a unit located in 

21 a nonentitlement area of a State, where such 

22 services or functions will be provided by the or23 ganization. 

24 (5) The estimated date of hiring for the posi25 tions. 


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1 (6) A statement documenting the need for the 

2 services to be carried out by the individuals hired for 

3 the positions. 

4 (7) In the case of a unit that desires to use 

5 funds received under this title to continue to provide 

6 employee compensation for existing employees of the 

7 unit in accordance with section 102(c)(2)(A)(i) or 

8 103(a)(2), a statement documenting the fiscal con9 straints of the unit that would result in the termi10 nation or reduction of the positions of such employ11 ees. 

12 (8) A description of the unit’s or organization’s 

13 plan to target recruitment efforts for positions fund14 ed under this title in accordance with section 105(b). 

15 (9) An assurance by the unit or organization 

16 that the unit or organization will comply with all 

17 provisions of this title. 

18 (10) An assurance by the unit or organization 

19 that the unit or organization will comply with all ap20 plicable Federal, State, and local labor laws, includ21 ing laws concerning wages and hours, labor rela22 tions, family and medical leave, occupational safety 

23 and health, and nondiscrimination. 

24 (c) APPROVAL AND ALLOTMENT OF FUNDS.— 


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1 (1) ENTITLEMENT COMMUNITIES.—Within 30 

2 days after receipt of a statement submitted under 

3 subsection (a)(2)(A) by a unit of general local gov4 ernment that is an entitlement community, the Sec5 retary shall allot to the unit the amount of funds re6 quested by the unit for a fiscal year, not to exceed 

7 the total amount of funds available to be allotted 

8 under section 102(b)(1) to the unit for such fiscal 

9 year. 

10 (2) NONENTITLEMENT AREAS.— 

11 (A) APPROVAL BY THE SECRETARY.— 

12 Within 90 days after receipt of a statement 

13 submitted under subsection (a)(3)(B) by a 

14 State with respect to a unit of general local 

15 government located in a nonentitlement area, or 

16 a community-based organization to provide 

17 services or functions that are not customarily 

18 provided by a unit of general local government 

19 located in a nonentitlement area where such 

20 services or functions will be provided by the or21 ganization, for a fiscal year, the Secretary shall 

22 allot to the State the amount of funds re23 quested by the State for such unit or organiza24 tion for such fiscal year, not to exceed the total 

25 amount of funds available to be allotted under 


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1 section 102(b)(2) to the State for such fiscal 

2 year. 

3 (B) STATE ALLOTMENT OF FUNDS.—Not 

4 later than 45 days after receiving an allotment 

5 of funds from the Secretary under subpara6 graph (A), the State shall allot, in accordance 

7 with section 102(c)(2), all of the funds to the 

8 unit or organization for which such funds were 

9 provided by the Secretary under subparagraph 

10 (A). 

11 (3) WITHHELD FUNDS.—Notwithstanding para12 graphs (1) and (2), any funds under this title with13 held pursuant to a grievance filed under section 

14 110(b) shall be withheld until such grievance is re15 solved. 

16 (d) REALLOTMENT OF FUNDS.— 

17 (1) UNITS.—The funds made available for allot18 ment under this title for a fiscal year for a unit of 

19 general local government that is an entitlement com20 munity that does not submit, within 6 months after 

21 the date the Secretary publishes a notice of allot22 ment under subsection (a)(1)(A) for such unit, to 

23 the Secretary a statement under subsection (a) that 

24 indicates an intention to hire at least 1 individual 

25 under this title for such fiscal year, shall be made 


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1 available to be reallotted by the Secretary for the fis2 cal year immediately following such fiscal year, in 

3 accordance with the allotment formula under section 

4 102(b)(1). 

5 (2) STATES.—The funds made available for al6 lotment under this title for a fiscal year for a State 

7 that does not submit, within 6 months after the date 

8 the Secretary publishes a notice of allotment under 

9 subsection (a)(1)(A) for such State, shall be allotted 

10 by the Secretary to units of general local government 

11 and community-based organizations located in the 

12 nonentitlement area of the State to carry out the 

13 purposes of this title for such fiscal year. 

14 SEC. 105. COMPLIANCE WITH LOCAL LAWS AND CON15 TRACTS; RECRUITMENT REQUIREMENTS. 

16 (a) COMPLIANCE WITH LOCAL LAWS AND CON17 TRACTS.—In hiring individuals for positions funded under 

18 this title, or using funds under this title to continue to 

19 provide employee compensation for existing employees, a 

20 unit of general local government or community-based or21 ganization shall comply with all applicable Federal, State, 

22 and local laws, personnel policies and regulations, and col23 lective bargaining agreements, as if such individual was 

24 hired, or such employee compensation was provided, with25 out assistance under this title. 


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1 (b) TARGETING RECRUITMENT EFFORTS.—In re2 cruiting individuals for positions funded under this title, 

3 a unit of general local government or community-based or4 ganization shall target recruitment efforts with respect to 

5 individuals who— 

6 (1) have been in receipt of unemployment com7 pensation for not less than 25 weeks; 

8 (2) have exhausted unemployment compensa9 tion within the last 2 years; 

10 (3) are veterans; or 

11 (4) are unemployed individuals who are not eli12 gible to receive unemployment compensation because 

13 they do not have sufficient wages to meet the min14 imum qualifications for such compensation. 

15 (c) BONUS GRANTS.— 

16 (1) IN GENERAL.—From the amounts made 

17 available under paragraph (2), the Secretary may 

18 award grants to each unit of general local govern19 ment and each community-based organization where 

20 not less than 15 percent of the individuals hired for 

21 a position under this Act for a fiscal year are indi22 viduals described in subsection (b). 

23 (2) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated 


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1 $100,000,000 to carry out this subsection for each 

2 fiscal year. 

3 SEC. 106. EMPLOYMENT STATUS AND COMPENSATION. 

4 (a) EMPLOYEE STATUS.—An individual hired for a 

5 position funded under this title shall— 

6 (1) be considered an employee of the unit of 

7 general local government, or community-based orga8 nization, by which such individual was hired; and 

9 (2) receive the same employee compensation, 

10 have the same rights and responsibilities and job 

11 classifications, and be subject to the same job stand12 ards, employer policies, and collective bargaining 

13 agreements as if such individual was hired without 

14 assistance under this title. 

15 (b) LIMIT ON NUMBER OF EXECUTIVE, ADMINISTRA16 TIVE, OR PROFESSIONAL POSITIONS.— 

17 (1) UNITS.—Of the total number of positions 

18 funded under this title for a fiscal year for each unit 

19 of general local government and each community20 based organization— 

21 (A) not more than 20 percent shall be in 

22 a bona fide executive, administrative, or profes23 sional capacity; and 


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1 (B) not less than 80 percent may not be 

2 in a bona fide executive, administrative, or pro3 fessional capacity. 

4 (2) DEFINITIONS.—In this subsection, the term 

5 ‘‘bona fide executive, administrative, or professional 

6 capacity’’ means that capacity within the meaning 

7 given the term under section 13(a)(1) of the Fair 

8 Labor Standards Act of 1938 (29 U.S.C. 

9 213(a)(1)). 

10 (c) TOTAL AMOUNT OF COMPENSATION.—For each 

11 fiscal year for which funds are available to carry out this 

12 title, each unit of general local government and each com13 munity-based organization that receives funds under this 

14 title for such fiscal year shall use such funds to provide 

15 an amount equal to the total amount of employee com16 pensation for individuals hired under this title. 

17 (d) LIMIT ON PERIOD OF EMPLOYMENT.—Notwith18 standing any agreement or other provision of law (other 

19 than those provisions of law pertaining to civil rights in 

20 employment), a unit of general local government or com21 munity-based organization shall not be obligated to employ 

22 the individuals hired under this title or retain the positions 

23 filled by such individuals beyond the period for which the 

24 unit or organization receives funding under this title. 


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1 SEC. 107. NONDISPLACEMENT. 

2 (a) NONDISPLACEMENT OF EXISTING EMPLOYEES.— 

3 (1) IN GENERAL.—Except as provided under 

4 sections 102(c)(2)(A)(i) and 103(a)(2), a unit of 

5 general local government or community-based orga6 nization may not employ an individual for a position 

7 funded under this title, if— 

8 (A) employing such individual will result in 

9 the layoff or partial displacement (such as a re10 duction in hours, wages, or employee benefits) 

11 of an existing employee of the unit or organiza12 tion; or 

13 (B) such individual will perform the same 

14 or substantially similar work that had pre15 viously been performed by an employee of the 

16 unit or organization who— 

17 (i) has been laid off or partially dis18 placed (as such term is described in sub19 paragraph (A)); and 

20 (ii) has not been offered by the unit 

21 or organization, to be restored to the posi22 tion the employee had immediately prior to 

23 being laid off or partially displaced. 

24 (2) ELIMINATION OF POSITION.—For the pur25 poses of this subsection, a position shall be consid26 ered to have been eliminated by a unit of general 


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1 local government or community-based organization if 

2 the position has remained unfilled and the unit or 

3 organization has not sought to fill such position for 

4 at least a period of 1 month. 

5 (3) PROMOTIONAL OPPORTUNITIES.—An indi6 vidual may not be hired for a position funded under 

7 this title in a manner that infringes upon the pro8 motional opportunities of an existing employee (as of 

9 the date of such hiring) of a unit or organization re10 ceiving funding under this title. 

11 (b) NONDISPLACEMENT OF LOCAL GOVERNMENT

12 SERVICES.—A community-based organization receiving 

13 funds under this title may not use such funds to provide 

14 services or functions that are customarily provided by a 

15 unit of general local government where such services or 

16 functions are provided by the organization. 

17 SEC. 108. REPORTING REQUIREMENTS. 

18 (a) IN GENERAL.—A unit of general local govern19 ment that is an entitlement community that receives funds 

20 under this title, and a State that receives funds under this 

21 title for a unit of general local government located in a 

22 nonentitlement area, or for a community-based organiza23 tion that is providing services in such an area, shall submit 

24 to the Secretary a report that includes such information 

25 as the Secretary may require. That information may inVerDate Mar 15 2010 01:06 Jun 17, 2010 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3500.IS S3500

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1 clude information concerning characteristics of individuals 

2 employed under this title, services received by the individ3 uals, outcomes achieved, and other performance and fiscal 

4 matters. 

5 (b) POSTING OF REPORTS.—Upon receiving the re6 ports submitted under subsection (a), the Secretary shall 

7 post such reports on a publicly accessible Web site of the 

8 Department of Labor. 

9 SEC. 109. AUDITS AND EVALUATIONS BY THE SECRETARY. 

10 (a) AUDITS.—The Secretary shall perform random, 

11 periodic audits to determine compliance with this title. 

12 (b) EVALUATIONS.— 

13 (1) SECRETARY.—The Secretary shall conduct 

14 an evaluation of the program carried out under this 

15 title. The Secretary shall prepare and submit to 

16 Congress a report containing the results of the eval17 uation. 

18 (2) RECIPIENTS.—Each unit of general local 

19 government, and each State, that is required to sub20 mit a report under section 108(a) shall submit to 

21 the Secretary such information as the Secretary may 

22 determine to be necessary to conduct such an eval23 uation. 


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1 SEC. 110. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOT2 LINE, AND ENFORCEMENT BY THE SEC3 RETARY. 

4 (a) ESTABLISHMENT OF ARBITRATION PROCE5 DURE.— 

6 (1) IN GENERAL.—Each unit of general local 

7 government that is an entitlement community and 

8 each State that receives funding under this title 

9 shall agree to the arbitration procedure described in 

10 this subsection to resolve disputes described in sub11 sections (b) and (c). 

12 (2) WRITTEN GRIEVANCES.— 

13 (A) IN GENERAL.—If an employee (or an 

14 employee representative) wishes to use the arbi15 tration procedure described in this subsection, 

16 such party shall file a written grievance within 

17 the time period required under subsection (b) or 

18 (c), as applicable, simultaneously with the chief 

19 executive officer of a unit or State involved in 

20 the dispute and the Secretary. 

21 (B) IN-PERSON MEETING.—Not later than 

22 10 days after the date of the filing of the griev23 ance, the chief executive officer (or the designee 

24 of the chief executive officer) shall have an in25 person meeting with the party to resolve the 

26 grievance. 


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1 (3) ARBITRATION.— 

2 (A) SUBMISSION.—If the grievance is not 

3 resolved within the time period described in 

4 paragraph (2)(B), a party, by written notice to 

5 the other party involved, may submit such 

6 grievance to binding arbitration before a quali7 fied arbitrator who is jointly selected and inde8 pendent of the parties. 

9 (B) APPOINTMENT BY SECRETARY.—If the 

10 parties cannot agree on an arbitrator within 5 

11 days of submitting the grievance to binding ar12 bitration under subparagraph (A), 1 of the par13 ties may submit a request to the Secretary to 

14 appoint a qualified and independent arbitrator. 

15 The Secretary shall appoint a qualified and 

16 independent arbitrator within 15 days after re17 ceiving the request. 

18 (C) HEARING.—Unless the parties mutu19 ally agree otherwise, the arbitrator shall con20 duct a hearing on the grievance and issue a de21 cision not later than 30 days after the date 

22 such arbitrator is selected or appointed. 

23 (D) COSTS.— 

24 (i) IN GENERAL.—Except as provided 

25 in clause (ii), the cost of an arbitration 


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1 proceeding shall be divided evenly between 

2 the parties to the arbitration. 

3 (ii) EXCEPTION.—If a grievant pre4 vails under an arbitration proceeding, the 

5 unit of general local government or State 

6 involved in the dispute shall pay the cost 

7 of such proceeding, including attorneys’ 

8 fees. 

9 (b) DISPUTES CONCERNING THE ALLOTMENT OF

10 FUNDS.—In the case where a dispute arises as to whether 

11 a unit of general local government that is an entitlement 

12 community or State has improperly requested funds for 

13 services or functions to be provided by a community-based 

14 organization that are customarily provided by the unit or, 

15 in the case of a State, by a unit located in the nonentitle16 ment area of the State where services or functions will 

17 be provided by the organization, an employee or employee 

18 representative of the unit or State may file a grievance 

19 under subsection (a) not later than 15 days after public 

20 notice of an intent to submit a statement under section 

21 104(a) is published in accordance with paragraph (1)(C) 

22 of such section 104(a). Upon receiving a copy of the griev23 ance, the Secretary shall withhold the funds subject to 

24 such grievance, unless and until the grievance is resolved 


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1 under subsection (a), by the parties or an arbitrator in 

2 favor of providing such funding. 

3 (c) ALL OTHER DISPUTES.— 

4 (1) IN GENERAL.—In the case of a dispute not 

5 covered under subsection (b) concerning compliance 

6 with the requirements of this title by a unit of gen7 eral local government that is an entitlement commu8 nity, State, or community-based organization receiv9 ing funds under this title, an employee or employee 

10 representative of the unit or State may file a griev11 ance under subsection (a) not later than 90 days 

12 after the dispute arises. In such cases, an arbitrator 

13 may award such remedies as are necessary to make 

14 the grievant whole, including the reinstatement of a 

15 displaced employee or the payment of back wages, 

16 and may submit recommendations to the Secretary 

17 to ensure further compliance with the requirements 

18 of this title, including recommendations to suspend 

19 or terminate funding, or to require the repayment of 

20 funds received under this title during any period of 

21 noncompliance. 

22 (2) EXISTING GRIEVANCE PROCEDURES.—A 

23 party to a dispute described in paragraph (1) may 

24 use the existing grievance procedure of a unit or 

25 State involved in such dispute, or the arbitration 


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1 procedure described in this subsection, to resolve 

2 such dispute. 

3 (d) PARTY DEFINED.—For purposes of subsections 

4 (a), (b), and (c), the term ‘‘party’’ means an employee, 

5 employee representative, unit of general local government, 

6 or State, involved in a dispute described in subsection (b) 

7 or (c). 

8 (e) WHISTLEBLOWER HOTLINE; ENFORCEMENT BY

9 THE SECRETARY.— 

10 (1) WHISTLEBLOWER HOTLINE.—The Sec11 retary shall post on a publicly accessible Internet 

12 Web site of the Department of Labor the contact in13 formation for reporting noncompliance with this title 

14 by a State, unit of general local government, com15 munity-based organization, or individual receiving 

16 funding under this title. 

17 (2) ENFORCEMENT BY THE SECRETARY.— 

18 (A) IN GENERAL.—If the Secretary re19 ceives a complaint alleging noncompliance with 

20 this title, the Secretary may conduct an inves21 tigation and after notice and an opportunity for 

22 a hearing, may order such remedies as the Sec23 retary determines appropriate, including— 

24 (i) withholding further funds under 

25 this title to a noncompliant entity; 


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1 (ii) requiring the entity to make an 

2 injured party whole; or 

3 (iii) requiring the entity to repay to 

4 the Secretary any funds received under 

5 this title during any period of noncompli6 ance. 

7 (B) DEFINITION.—For purposes of this 

8 paragraph, the term ‘‘entity’’ means State, unit 

9 of general local government, community-based 

10 organization, or individual. 

11 (C) RECOMMENDATION BY AN ARBI12 TRATOR.—A remedy described in subparagraph 

13 (A) may also be ordered by the Secretary upon 

14 recommendation by an arbitrator appointed or 

15 selected under this section. 

16 SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated and there 

18 are appropriated, out of any money in the Treasury not 

19 otherwise appropriated, such amounts as may be nec20 essary to carry out this title for each fiscal year. 

21 SEC. 112. DEFINITIONS. 

22 In this title: 

23 (1) IN GENERAL.—The terms ‘‘city’’, ‘‘extent of 

24 poverty’’, ‘‘metropolitan city’’, ‘‘urban county’’, 

25 ‘‘nonentitlement area’’, ‘‘population’’, and ‘‘State’’ 


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1 have the meanings given the terms in section 102 of 

2 the Housing and Community Development Act of 

3 1974 (42 U.S.C. 5302). 

4 (2) BENEFITS.—The term ‘‘benefits’’ has the 

5 meaning given the term ‘‘employment benefits’’ in 

6 section 101 of the Family and Medical Leave Act of 

7 1993 (29 U.S.C. 2611). 

8 (3) COMMUNITY-BASED ORGANIZATION.—The 

9 term ‘‘community-based organization’’ means a pri10 vate nonprofit organization that— 

11 (A) is representative of a community with12 in a unit of general local government or a sig13 nificant segment of the community; and 

14 (B) has demonstrated expertise and effec15 tiveness in providing services or functions to the 

16 community not customarily provided by the 

17 unit. 

18 (4) EMPLOYEE COMPENSATION.—The term 

19 ‘‘employee compensation’’ includes wages and bene20 fits. 

21 (5) ENTITLEMENT COMMUNITIES.—The term 

22 ‘‘entitlement communities’’ includes metropolitan cit23 ies and urban counties. 

24 (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

25 has the meaning given the term in section 4(e) of 


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1 the Indian Self-Determination and Education Assist2 ance Act (25 U.S.C. 450b(e)). 

3 (7) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Labor. 

5 (8) SUPPORTIVE SERVICES.—The term ‘‘sup6 portive services’’ means services such as transpor7 tation and child care that are necessary to enable an 

8 individual to be employed in a position funded under 

9 this title. 

10 (9) UNEMPLOYED INDIVIDUAL.—The term ‘‘un11 employed individual’’ has the meaning given such 

12 term in section 101 of the Workforce Investment 

13 Act of 1998 (29 U.S.C. 2801). 

14 (10) UNIT OF GENERAL LOCAL GOVERN15 MENT.—The term ‘‘unit of general local govern16 ment’’ means— 

17 (A) any city, county, town, township, par18 ish, village, or other general purpose political 

19 subdivision of a State; 

20 (B) Guam, the Northern Mariana Islands, 

21 the United States Virgin Islands, and American 

22 Samoa, or a general purpose political subdivi23 sion thereof; 


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1 (C) a combination of the political subdivi2 sions described in subparagraph (A) or (B) that 

3 is recognized by the Secretary; and 

4 (D) the District of Columbia. 

5 (11) VETERAN.—The term ‘‘veteran’’ has the 

6 meaning given such term in section 101 of the 

7 Workforce Investment Act of 1998 (29 U.S.C. 

8 2801). 

9 (12) WAGE.—The term ‘‘wage’’ has the mean10 ing given such term in section 3 of the Fair Labor 

11 Standards Act of 1938 (29 U.S.C. 203). 

12 TITLE II—EDUCATION JOBS 

13 SEC. 201. AUTHORIZATION AND APPROPRIATIONS FOR 

14 EDUCATION JOBS FUND. 

15 There is authorized to be appropriated, and there is 

16 appropriated, from any amounts in the treasury not other17 wise appropriated, $23,000,000,000 for the necessary ex18 penses of an Education Jobs Fund for fiscal year 2011. 

19 Such appropriated amount shall remain available for obli20 gation through September 30, 2012. The Education Jobs 

21 Fund shall be administered by the Secretary of Education 

22 under the terms and conditions of sections 14001 through 

23 14013 of division A of the American Recovery and Rein24 vestment Act of 2009 (Public Law 111–5), except as fol25 lows: 


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1 (1) ALLOCATION TO BUREAU OF INDIAN AF2 FAIRS.—From the amount appropriated to carry out 

3 this title, the Secretary of Education shall first allo4 cate not more than 0.5 percent to the Secretary of 

5 the Interior for schools operated or funded by the 

6 Bureau of Indian Affairs on the basis of their re7 spective needs for activities consistent with this title 

8 under such terms and conditions as the Secretary of 

9 Education may determine. 

10 (2) ALLOCATIONS TO STATES AND OUTLYING

11 AREAS.—From the amount appropriated to carry 

12 out this title and not allocated under paragraph (1), 

13 the Secretary of Education shall make allocations to 

14 States and outlying areas under subsections (a) and 

15 (d) of section 14001 of division A of the American 

16 Recovery and Reinvestment Act of 2009 (Public 

17 Law 111–5). 

18 (3) RESERVATION.—With respect to funds ap19 propriated to carry out this title, a State that re20 ceives an allocation may reserve not more than 5 

21 percent for— 

22 (A) the administrative costs of carrying 

23 out its responsibilities with respect to those 

24 funds, provided the State reserves not more 


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1 than 1 percent of its total allocation for those 

2 costs; and 

3 (B) retaining or creating positions in the 

4 State educational agency or the State agency 

5 for higher education, and other State agency 

6 positions related to the administration or sup7 port of early childhood, elementary, secondary, 

8 or postsecondary education. 

9 (4) AWARDS TO LOCAL EDUCATIONAL AGEN10 CIES AND PUBLIC INSTITUTIONS OF HIGHER EDU11 CATION.— 

12 (A) IN GENERAL.—Except as provided in 

13 paragraph (3), an allocation of funds provided 

14 under this title to a State under section 

15 14001(d) of division A of the American Recov16 ery and Reinvestment Act of 2009 (Public Law 

17 111–5), shall be used only for awards to local 

18 educational agencies and public institutions of 

19 higher education for the support of elementary, 

20 secondary, and postsecondary education. The 

21 Governor shall determine how the funds appro22 priated under this title are allocated for elemen23 tary and secondary education and for public in24 stitutions of higher education. In making the 

25 determination in the preceding sentence, the 


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1 Governor shall allocate funds among the cat2 egories of elementary and secondary education 

3 and public institutions of higher education gen4 erally in proportion to any reductions in State 

5 funds for such categories. 

6 (B) DISTRIBUTION.—Funds provided 

7 under this title used to support elementary and 

8 secondary education as described in subpara9 graph (A) shall be distributed through the 

10 State’s primary elementary and secondary fund11 ing formula. 

12 (C) NONAPPLICABILITY.—Subsections (a) 

13 and (b) of section 14002 of division A of the 

14 American Recovery and Reinvestment Act of 

15 2009 (Public Law 111–5) shall not apply to 

16 this paragraph. 

17 (5) REQUIREMENT TO USE FUNDS TO RETAIN

18 OR CREATE EDUCATION JOBS.—Notwithstanding 

19 sections 14003(a) and 14004(a) of division A of the 

20 American Recovery and Reinvestment Act of 2009 

21 (Public Law 111–5), funds provided under this title 

22 may be used only for compensation and benefits and 

23 other expenses, such as support services, necessary 

24 to retain existing employees, for activities defined in 

25 section 101(31) of the Workforce Investment Act of 


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1 1998 (29 U.S.C. 2801(31)), and to hire new employ2 ees in order to provide early childhood, elementary, 

3 secondary, or postsecondary educational and related 

4 services or for modernization, renovation, and repair 

5 of public school facilities and facilities of institutions 

6 of higher education. 

7 (6) PROHIBITION ON USE OF FUNDS FOR

8 RAINY-DAY FUNDS OR DEBT RETIREMENT.— 

9 (A) IN GENERAL.—Except as provided in 

10 subparagraph (B), a State that receives an allo11 cation under this title may not use such funds, 

12 directly or indirectly, to— 

13 (i) establish, restore, or supplement a 

14 rainy-day fund; 

15 (ii) supplant State funds in a manner 

16 that has the effect of establishing, restor17 ing, or supplementing a rainy-day fund; 

18 (iii) reduce or retire debt obligations 

19 incurred by the State; or 

20 (iv) supplant State funds in a manner 

21 that has the effect of reducing or retiring 

22 debt obligations incurred by the State. 

23 (B) BALANCED BUDGET.—A State may 

24 use funds provided under this title to fund bal25 ances that are necessary to comply with any 


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1 State requirement to maintain a balanced budg2 et. 

3 (7) APPLICATION CONSIDERATIONS.—If, by a 

4 date set by the Secretary of Education, a Governor 

5 has not submitted an approvable application under 

6 section 14005(a) of division A of the American Re7 covery and Reinvestment Act of 2009 (Public Law 

8 111–5), the Secretary of Education may provide for 

9 the distribution of funds allocated under section 

10 14001(d) of division A of the American Recovery 

11 and Reinvestment Act of 2009 (Public Law 111–5), 

12 to another entity or other entities in the State, 

13 under such terms and conditions as the Secretary of 

14 Education may establish, provided that all terms 

15 and conditions that apply to the appropriation under 

16 this title shall apply to such funds distributed to 

17 such entity or entities. 

18 (8) LOCAL EDUCATIONAL AGENCY APPLICA19 TION.—Section 442 of the General Education Provi20 sions Act (20 U.S.C. 1232e) shall not apply to a 

21 local educational agency that has previously sub22 mitted an application to the State under title XIV 

23 of division A of the American Recovery and Rein24 vestment Act of 2009 (Public Law 111–5). The asVerDate Mar 15 2010 01:06 Jun 17, 2010 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3500.IS S3500

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1 surances provided under that application shall con2 tinue to apply to funds awarded under this title. 

3 (9) MAINTENANCE OF EFFORT.—The Secretary 

4 of Education shall not allocate funds to a State 

5 under paragraph (1) unless the Governor of the 

6 State provides an assurance to the Secretary of 

7 Education that the State will comply with the fol8 lowing: 

9 (A) For fiscal year 2011, the State shall 

10 comply with 1 of the following: 

11 (i) The State shall maintain State 

12 support for elementary, secondary, and 

13 public higher education (not including sup14 port for capital projects or research and 

15 development or tuition and fees paid by 

16 students), in the aggregate, at the level of 

17 such support for fiscal year 2010. 

18 (ii) The State shall maintain State 

19 support for elementary, secondary, and 

20 public higher education (not including sup21 port for capital projects or research and 

22 development or tuition and fees paid by 

23 students), in the aggregate, at a level that 

24 is not less than such support for fiscal year 

25 2006. In the case of a State that enacted 


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1 a reduction to such aggregate level of fiscal 

2 year 2011 State support for elementary, 

3 secondary, and higher education after De4 cember 31, 2010, the State shall also 

5 maintain State support for elementary, 

6 secondary, and public higher education for 

7 fiscal year 2011 at a percentage of the 

8 total revenues available to the State that is 

9 equal to or greater than the percentage 

10 provided for such purpose for fiscal year 

11 2011 prior to December 31, 2010. 

12 (B) For fiscal year 2012, the State shall 

13 comply with 1 of the following: 

14 (i) The State shall maintain State 

15 support for elementary, secondary, and 

16 public higher education (not including sup17 port for capital projects or research and 

18 development or tuition and fees paid by 

19 students), in the aggregate, at the level of 

20 such support for fiscal year 2010. 

21 (ii) The State shall maintain State 

22 support for elementary, secondary, and 

23 public higher education (not including sup24 port for capital projects or research and 

25 development or tuition and fees paid by 


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1 students), in the aggregate, at a percent2 age of the total revenues available to the 

3 State that is equal to or greater than the 

4 percentage provided for such purpose for 

5 fiscal year 2011. 

6 TITLE III—LAW ENFORCEMENT 

7 AND FIREFIGHTER JOBS 

8 SEC. 301. COMMUNITY ORIENTED POLICING SERVICES. 

9 (a) APPROPRIATION.—There is appropriated, out of 

10 any money in the Treasury not otherwise appropriated, 

11 for the fiscal year ending September 30, 2011 for the ap12 propriations account appropriated under the heading 

13 ‘‘COMMUNITY ORIENTED POLICING SERVICES’’ under the 

14 heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ under the 

15 heading ‘‘DEPARTMENT OF JUSTICE’’ 

16 $1,179,000,000 for grants under section 1701 of title I 

17 of the Omnibus Crime Control and Safe Streets Act of 

18 1968 (42 U.S.C. 3796dd) for hiring and rehiring of addi19 tional career law enforcement officers under part Q of 

20 such title, notwithstanding subsection (i) of such section. 

21 (b) TRANSFER.—Of the amount appropriated under 

22 subsection (a), $2,950,000 shall be transferred to the ap23 propriations account appropriated under the heading 

24 ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘STATE

25 AND LOCAL LAW ENFORCEMENT ACTIVITIES’’ under the 


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1 heading ‘‘DEPARTMENT OF JUSTICE’’ for manage2 ment, administration, and oversight of the grants made 

3 using the amount appropriated under subsection (a). 

4 SEC. 302. FIREFIGHTER ASSISTANCE GRANTS. 

5 (a) APPROPRIATION.—There is appropriated, out of 

6 any amounts in the Treasury not otherwise appropriated, 

7 for the fiscal year ending September 30, 2011, for the ap8 propriations account appropriated under the heading 

9 ‘‘FIREFIGHTER ASSISTANCE GRANTS’’ under the heading 

10 ‘‘FEDERAL EMERGENCY MANAGEMENT AGENCY’’ under 

11 the heading ‘‘DEPARTMENT OF HOMELAND SECU12 RITY’’, $500,000,000 for necessary expenses for pro13 grams authorized under section 34 of the Federal Fire 

14 Prevention and Control Act of 1974 (15 U.S.C. 2229a). 

15 (b) WAIVER FOR FISCAL YEAR 2011 OF REQUIRE16 MENT THAT GRANT AMOUNTS BE USED TO INCREASE

17 NUMBER OF FIREFIGHTERS.—The requirement of section 

18 34(a)(1)(A) of such Act that grants shall be used to in19 crease the number of firefighters in fire departments shall 

20 not apply to grants under section 34 of such Act for fiscal 

21 year 2011 and the Secretary of Homeland Security shall 

22 grant waivers from the requirements of subsections 

23 (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section for 

24 such fiscal year. 


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1 (c) INAPPLICABILITY FOR FISCAL YEAR 2011 OF

2 LIMITATIONS ON PORTIONS OF COSTS OF HIRING FIRE3 FIGHTERS COVERED BY GRANTS.—Section 34(a)(1)(E) of 

4 such Act shall not apply with respect to funds appro5 priated in this or any other Act making appropriations 

6 for fiscal year 2011 for grants under section 34 of the 

7 Federal Fire Prevention and Control Act of 1974 (15 

8 U.S.C. 2229a). 

9 (d) AWARDING OF GRANTS WITHIN 120 DAYS FOR

10 RETENTION OF FIREFIGHTERS.—The Secretary shall en11 sure that funds appropriated under this Act and any other 

12 Act making appropriations for fiscal year 2011 for grants 

13 under such section 34 are— 

14 (1) used to award grants not later than 120 

15 days after the date of the enactment of this Act; and 

16 (2) are used by fire departments for the reten17 tion of firefighters. 

18 (e) TRANSFER OF UNUSED AMOUNTS.—The Sec19 retary may transfer any unused amounts in the appropria20 tions account appropriated under the heading ‘‘FIRE21 FIGHTER ASSISTANCE GRANTS’’ under the heading ‘‘FED22 ERAL EMERGENCY MANAGEMENT AGENCY’’ under the 

23 heading ‘‘DEPARTMENT OF HOMELAND SECU24 RITY’’ to make grants for programs authorized by section 

25 33 of such Act (15 U.S.C. 2229) after notification to the 


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1 Committee on Appropriations of the Senate and the Com2 mittee on Appropriations of the House of Representatives. 

3 TITLE IV—ON-THE-JOB 

4 TRAINING 

5 SEC. 401. DEPARTMENT OF LABOR; EMPLOYMENT AND 

6 TRAINING ADMINISTRATION; TRAINING AND 

7 EMPLOYMENT SERVICES. 

8 (a) ADDITIONAL AMOUNT.—There is appropriated 

9 for fiscal year 2011, for an additional amount for ‘‘Train10 ing and Employment Services’’ for activities under the 

11 Workforce Investment Act of 1998 (referred to in this sec12 tion as the ‘‘WIA’’), $500,000,000. That amount is appro13 priated out of any money in the Treasury not otherwise 

14 appropriated. The amount shall be available for obligation 

15 on the date of enactment of this Act. 

16 (b) ON-THE-JOB TRAINING.—The amount shall be 

17 used solely for on-the-job training (as such term is defined 

18 in section 101(31) of the WIA (29 U.S.C. 2801(31)) and, 

19 in particular, $250,000,000 of such amount shall be used 

20 for such on-the-job training for individuals who reside in 

21 a local area that— 

22 (1) has a poverty rate of 12 percent or more for 

23 each Public Use Microdata Area, as such terms are 

24 defined by the Bureau of the Census, in such local 

25 area; or 


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1 (2) has an unemployment rate that is 2 percent 

2 higher than the national unemployment rate. 

Æ 


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