I 

112TH CONGRESS 

1ST SESSION H. R. 2828 

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 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. 

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 pursuant to section 

5 111, the Secretary, acting through the Employment and 

6 Training Administration of the Department of Labor and 

7 in consultation with the Secretary of Housing and Urban 

8 Development, shall provide funds to States, units of gen9 eral local government, and community-based organizations 

10 to save and create local jobs through the retention, res11 toration, or expansion of services needed by local commu12 nities. 

13 SEC. 102. ALLOTMENT FORMULA. 

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

15 amount appropriated under section 111 for each fiscal 

16 year, the Secretary may reserve— 

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

18 title; and 

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

20 on a competitive basis, to Indian tribes for purposes 

21 of this title. 

22 (b) MAKING FUNDS AVAILABLE FOR ALLOTMENT BY

23 THE SECRETARY.—Of the amounts appropriated under 

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


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1 Secretary shall make available for allotment the amounts 

2 for each fiscal year as follows: 

3 (1) Seventy percent to entitlement communities, 

4 of which the Secretary shall make available for allot5 ment— 

6 (A) 25 percent to each entitlement commu7 nity in an amount which bears the same ratio 

8 to the total amount made available under this 

9 subparagraph as the population of the entitle10 ment community bears to the total population 

11 of all entitlement communities; 

12 (B) 25 percent to each entitlement commu13 nity in an amount which bears the same ratio 

14 to the total amount made available under this 

15 subparagraph as the extent of poverty in the 

16 entitlement community bears to the extent of 

17 poverty in all entitlement communities; and 

18 (C) 50 percent to each entitlement commu19 nity in an amount which bears the same ratio 

20 to the total amount made available under this 

21 subparagraph as the number of unemployed in22 dividuals in the entitlement community bears to 

23 the total number of unemployed individuals in 

24 all entitlement communities. 


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1 (2) Thirty percent to States, of which the Sec2 retary shall make available for allotment— 

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

4 which bears the same ratio to the total amount 

5 made available under this subparagraph as the 

6 population of the State bears to the total popu7 lation of all States; 

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

9 which bears the same ratio to the total amount 

10 made available under this subparagraph as the 

11 extent of poverty in the State bears to the ex12 tent of poverty in all States; and 

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

14 which bears the same ratio to the total amount 

15 made available under this subparagraph as the 

16 number of unemployed individuals in the State 

17 bears to the total number of unemployed indi18 viduals in all States. 

19 (c) RESERVATION AND ALLOTMENTS BY STATES.— 

20 (1) RESERVATION.—Of the amount of funds al21 lotted to a State under section 104(c)(2)(A) for each 

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

23 percent for administrative purposes. 

24 (2) ALLOTMENTS BY STATES.— 


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

2 all of the funds allotted to the State under sec3 tion 104(c)(2)(A) that are not reserved under 

4 paragraph (1) as follows: 

5 (i) Not more than 50 percent of the 

6 funds to units of general local government 

7 located in nonentitlement areas of the 

8 State to continue to provide employee com9 pensation to employees employed by the 

10 unit, as of the date of the enactment of 

11 this Act, in positions that— 

12 (I) provide local services to the 

13 public; and 

14 (II) would otherwise be termi15 nated or reduced as a result of fiscal 

16 constraints of such unit. 

17 (ii) Not more than 50 percent of the 

18 remainder of the funds (after allotting 

19 funds under clause (i)) to community20 based organizations to employ individuals 

21 newly hired or employed under a contract 

22 entered into after the date of the enact23 ment of this Act to provide services or 

24 functions that are not customarily provided 

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1 cated in a nonentitlement area of the State 

2 where such services or functions will be 

3 provided by the organization. 

4 (iii) All of the remainder of the funds 

5 (after allotting funds under clauses (i) and 

6 (ii)) to units of general local government 

7 located in nonentitlement areas of the 

8 State to provide employee compensation to 

9 individuals newly hired to carry out the 

10 local public services described in subclauses 

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

12 the unit. 

13 (B) ALLOTMENTS.—In allotting funds 

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

15 State shall— 

16 (i) provide to units of general local 

17 government and community-based organi18 zations located in a non-entitlement area of 

19 a Congressional district of the State not 

20 less than an amount of funds that bears 

21 the same ratio to the total amount made 

22 available to be allotted to the State under 

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

24 the population of the nonentitlement area 

25 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 sec5 tion 104(c)(2)(A) on behalf of units of 

6 general local government and community7 based organizations located in the non8 entitlement area of a Congressional district 

9 of the State is less than the amount to be 

10 provided to the units and organizations 

11 under clause (i) for such fiscal year, pro12 vide to the units and organizations an 

13 amount of funds equal to the amount of 

14 funds so allotted 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 104(c)(1) for each fiscal year, 

13 a unit of general local government that is an entitlement 

14 community— 

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

17 (2) may use up to 50 percent of the remainder 

18 of such funds (after using the funds pursuant to 

19 paragraph (1)) to continue to provide employee com20 pensation to employees employed by the unit, as of 

21 the date of the enactment of this Act, in positions 

22 that— 

23 (A) provide local services to the public; 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 up to 50 percent of the remain5 der of such funds (after using the funds pursuant to 

6 paragraph (1) and (2)) to community-based organi7 zation to employ individuals newly hired or employed 

8 under a contract entered into after the date of the 

9 enactment of this Act to provide services or func10 tions that are not customarily provided by the unit, 

11 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 section 

2 103(c)(1)(B)(i) for the unit. 

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

4 funds received under section 104(c)(2)(B) 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 up to 5 percent for supportive 

21 services; and 

22 (C) may use up to 2 percent for adminis23 trative 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 appropriated to carry out this title, a 

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1 based organization, or a State shall submit a 

2 statement 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 appropriated to carry out 

25 this title, a unit of general local government 


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1 that is an entitlement community shall submit 

2 to the Secretary, at such time and in such man3 ner as determined by the Secretary, a state4 ment that certifies the information described in 

5 subsection (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 of receipt of a statement submitted under sub3 section (a)(2)(A) by unit of general local government 

4 that is an entitlement community, the Secretary 

5 shall allot to the unit the amount of funds requested 

6 by the unit for a fiscal year, not to exceed the total 

7 amount of funds available to be allotted under sec8 tion 102(b)(1) to the unit for such fiscal year. 

9 (2) NONENTITLEMENT AREAS.— 

10 (A) APPROVAL BY THE SECRETARY.— 

11 Within 30 days of receipt of a statement sub12 mitted under subsection (a)(3)(B) by a State 

13 with respect to a unit of general local govern14 ment located in a nonentitlement area, or a 

15 community-based organization to provide serv16 ices or functions that are not customarily pro17 vided by a unit of general local government lo18 cated in a nonentitlement area where such serv19 ices or functions will be provided by the organi20 zation, for a fiscal year, the Secretary shall 

21 allot to the State the amount of funds re22 quested by the State for such unit or organiza23 tion for such fiscal year, not to exceed the total 

24 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 15 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 at least 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 at least 15 percent of the individuals hired for a po21 sition under this Act for a fiscal year are individuals 

22 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) at least 80 percent shall not be in a 

2 bona fide executive, administrative, or profes3 sional capacity. 

4 (2) DEFINITIONS.—For purposes of this sub5 section, the terms ‘‘bona fide executive’’, ‘‘bona fide 

6 administrative’’; and ‘‘bona fide professional’’ when 

7 used in relation to capacity shall have the meanings 

8 given such terms under section 13(a)(1) of the Fair 

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

10 213(a)(1)). 

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

12 fiscal year for which funds are appropriated to carry out 

13 this title, each unit of general local government and each 

14 community-based organization that receives funds under 

15 this title for any such fiscal year shall use such funds to 

16 provide an amount equal to the total amount of employee 

17 compensation for individuals hired under this title. 

18 (d) LIMIT ON PERIOD OF EMPLOYMENT.—Notwith19 standing any agreement or other provision of law (other 

20 than those provisions of law pertaining to civil rights in 

21 employment), a unit of general local government or com22 munity-based organization shall not be obligated to employ 

23 the individuals hired under this title or retain the positions 

24 filled by such individuals beyond the period for which the 

25 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 section 102(c)(2)(A)(i) and 103(a)(2), a unit of gen5 eral local government or community-based organiza6 tion 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 one 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) ENTITLEMENT COMMUNITY.—A unit of general 

19 local government that is an entitlement community that 

20 receives funds under this title shall submit, every 90 days 

21 during the period the unit receives such funds, to the Sec22 retary, a report that provides— 

23 (1) the status of the unit’s compliance with the 

24 statement submitted by the unit under section 

25 104(a)(2)(A); and 


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1 (2) the status of the compliance of any commu2 nity-based organization that receives funds from the 

3 unit pursuant to this title with the statement sub4 mitted by the organization under section 

5 104(a)(2)(B). 

6 (b) NONENTITLEMENT AREA.— 

7 (1) UNITS AND ORGANIZATIONS.—A unit of 

8 general local government located in a nonentitlement 

9 area of a State that is receiving funds under this 

10 title, or a community-based organization that is pro11 viding services in a non-entitlement area of such 

12 State, shall submit, every 90 days during the period 

13 the unit or organization receives funds from the 

14 State pursuant to this title, to the State, a report 

15 that provides the status of the compliance of the 

16 unit or organization with the statements submitted 

17 under section 104(a)(3)(A). 

18 (2) STATES.—A State shall submit, every 90 

19 days during the period the State receives funds 

20 under this title, to the Secretary, a report containing 

21 the information received under paragraph (1). 

22 (c) POSTING OF REPORTS.—Upon receiving the re23 ports submitted under subsections (a) and (b)(2), the Sec24 retary shall post on a publicly accessible Web site of the 

25 Department of Labor such reports. 


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1 SEC. 109. AUDITING BY THE SECRETARY. 

2 The Secretary shall perform random, periodic audits 

3 to determine compliance with this title. 

4 SEC. 110. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOT5 LINE, AND ENFORCEMENT BY THE SEC6 RETARY. 

7 (a) ESTABLISHMENT OF ARBITRATION PROCE8 DURE.— 

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

10 government that is an entitlement community and 

11 each State that receives funding under this title 

12 shall agree to the arbitration procedure described in 

13 this subsection to resolve disputes described in sub14 sections (b) and (c). 

15 (2) WRITTEN GRIEVANCES.— 

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

17 employee representative) wishes to use the arbi18 tration procedure described in this subsection, 

19 such party shall file a written grievance within 

20 the time period required under subsection (b) or 

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

22 executive officer of a unit or State involved in 

23 the dispute and the Secretary. 

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

25 10 days after the date of the filing of the griev26 ance, the chief executive officer (or the designee 


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1 of the chief executive officer) shall have an in2 person meeting with the party to resolve the 

3 grievance. 

4 (3) ARBITRATION.— 

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

6 resolved within the time period described in 

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

8 the other party involved, may submit such 

9 grievance to binding arbitration before a quali10 fied arbitrator who is jointly selected and inde11 pendent of the parties. 

12 (B) APPOINTMENT BY SECRETARY.—If the 

13 parties cannot agree on an arbitrator within 5 

14 days of submitting the grievance to binding ar15 bitration under subparagraph (A), one of the 

16 parties may submit a request to the Secretary 

17 to appoint a qualified and independent arbi18 trator. The Secretary shall appoint a qualified 

19 and independent arbitrator within 15 days after 

20 receiving the request. 

21 (C) HEARING.—Unless the parties mutu22 ally agree otherwise, the arbitrator shall con23 duct a hearing on the grievance and issue a de24 cision not later than 30 days after the date 

25 such arbitrator is selected or appointed. 


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1 (D) COSTS.— 

2 (i) IN GENERAL.—Except as provided 

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

4 proceeding shall be divided evenly between 

5 the parties to the arbitration. 

6 (ii) EXCEPTION.—If a grievant pre7 vails under an arbitration proceeding, the 

8 unit of general local government or State 

9 involved in the dispute shall pay the cost 

10 of such proceeding, including attorneys’ 

11 fees. 

12 (b) DISPUTES CONCERNING THE ALLOTMENT OF

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

14 a unit of general local government that is an entitlement 

15 community or State has improperly requested funds for 

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

17 organization that are customarily provided by the unit or, 

18 in the case of a State, by a unit located in the nonentitle19 ment area of the State where services or functions will 

20 be provided by the organization, an employee or employee 

21 representative of the unit or State may file a grievance 

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

23 notice of an intent to submit a statement under section 

24 104(a) is published in accordance with paragraph (1)(C) 

25 of such section. Upon receiving a copy of the grievance, 


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1 the Secretary shall withhold the funds subject to such 

2 grievance, unless and until the grievance is resolved under 

3 subsection (a), by the parties or an arbitrator in favor of 

4 providing such funding. 

5 (c) ALL OTHER DISPUTES.— 

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

7 covered under subsection (b) concerning compliance 

8 with the requirements of this title by a unit of gen9 eral local government that is an entitlement commu10 nity, State, or community-based organization receiv11 ing funds under this title, an employee or employee 

12 representative of the unit or State may file a griev13 ance under subsection (a) not later than 90 days 

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

15 may award such remedies as are necessary to make 

16 the grievant whole, including the reinstatement of a 

17 displaced employee or the payment of back wages, 

18 and may submit recommendations to the Secretary 

19 to ensure further compliance with the requirements 

20 of this title, including recommendations to suspend 

21 or terminate funding, or to require the repayment of 

22 funds received under this title during any period of 

23 noncompliance. 

24 (2) EXISTING GRIEVANCE PROCEDURES.—A 

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


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1 use the existing grievance procedure of a unit or 

2 State involved in such dispute, or the arbitration 

3 procedure described in this subsection, to resolve 

4 such dispute. 

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

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

7 employee representative, unit of general local government, 

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

9 or (c). 

10 (e) WHISTLEBLOWER HOTLINE; ENFORCEMENT BY

11 THE SECRETARY.— 

12 (1) WHISTLEBLOWER HOTLINE.—The Sec13 retary shall post on a publicly accessible Internet 

14 Web site of the Department of Labor the contact in15 formation for reporting noncompliance with this title 

16 by a State, unit of general local government, com17 munity-based organization, or individual receiving 

18 funding under this title. 

19 (2) ENFORCEMENT BY THE SECRETARY.— 

20 (A) IN GENERAL.—If the Secretary re21 ceives a complaint alleging noncompliance with 

22 this title, the Secretary may conduct an inves23 tigation and after notice and an opportunity for 

24 a hearing, may order such remedies as the Sec25 retary determines appropriate, including— 


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1 (i) withholding further funds under 

2 this title to a noncompliant entity; 

3 (ii) requiring the entity to make an 

4 injured party whole; or 

5 (iii) requiring the entity to repay to 

6 the Secretary any funds received under 

7 this title during any period of noncompli8 ance. 

9 (B) DEFINITION.—For purposes of this 

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

11 of general local government, community-based 

12 organization, or individual. 

13 (C) RECOMMENDATION BY AN ARBI14 TRATOR.—A remedy described in subparagraph 

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

16 recommendation by an arbitrator appointed or 

17 selected under this section. 

18 SEC. 111. APPROPRIATION. 

19 There are 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 any city, county, town, township, par17 ish, village, or other general purpose political sub18 division of a State; Guam, the Northern Mariana Is19 lands, the Virgin Islands, and American Samoa, or 

20 a general purpose political subdivision thereof; a 

21 combination of such political subdivisions that is rec22 ognized by the Secretary; and the District of Colum23 bia. 


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

2 meaning given such term in section 101 of the 

3 Workforce Investment Act (29 U.S.C. 2801). 

4 (12) WAGE.—The term ‘‘wage’’ has the mean5 ing given such term in section 3 of the Fair Labor 

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

7 TITLE II—EDUCATION JOBS 

8 FUND 

9 SEC. 201. EDUCATION JOBS FUNDS. 

10 There are authorized to be appropriated and there 

11 are appropriated out of any money in the Treasury not 

12 otherwise obligated for necessary expenses for an Edu13 cation Jobs Fund, $23,000,000,000: Provided, That the 

14 amount under this heading shall be administered under 

15 the terms and conditions of sections 14001 through 14013 

16 and title XV of division A of the American Recovery and 

17 Reinvestment Act of 2009 (Public Law 111–5) except as 

18 follows: 

19 (1) ALLOCATION OF FUNDS.— 

20 (A) Funds appropriated under this heading 

21 shall be available only for allocation by the Sec22 retary of Education (in this heading referred to 

23 as the Secretary) in accordance with sub24 sections (a), (b), (d), (e), and (f) of section 

25 14001 of division A of Public Law 111–5 and 


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1 subparagraph (B) of this paragraph, except 

2 that the amount reserved under such subsection 

3 (b) shall not exceed $1,000,000 and such sub4 section (f) shall be applied by substituting 1 

5 year for 2 years. 

6 (B) Prior to allocating funds to States 

7 under section 14001(d) of division A of Public 

8 Law 111–5, the Secretary shall allocate 0.5 

9 percent to the Secretary of the Interior for 

10 schools operated or funded by the Bureau of In11 dian Affairs on the basis of the schools’ respec12 tive needs for activities consistent with this 

13 heading under such terms and conditions as the 

14 Secretary of the Interior may determine. 

15 (2) RESERVATION.—A State that receives an 

16 allocation of funds appropriated under this heading 

17 may reserve not more than 2 percent for the admin18 istrative costs of carrying out its responsibilities with 

19 respect to those funds. 

20 (3) AWARDS TO LOCAL EDUCATIONAL AGEN21 CIES.— 

22 (A) Except as specified in paragraph (2), 

23 an allocation of funds to a State shall be used 

24 only for awards to local educational agencies for 

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1 cation in accordance with paragraph (5) for the 

2 2011–2012 school year. 

3 (B) Funds used to support elementary and 

4 secondary education shall be distributed 

5 through a State’s primary elementary and sec6 ondary funding formula or based on local edu7 cational agencies’ relative shares of funds under 

8 part A of title I of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 6311 

10 et seq.) for the most recent fiscal year for which 

11 data are available. 

12 (C) Subsections (a) and (b) of section 

13 14002 of division A of Public Law 111–5 shall 

14 not apply to funds appropriated under this 

15 heading. 

16 (4) COMPLIANCE WITH EDUCATION REFORM AS17 SURANCES.—For purposes of awarding funds appro18 priated under this heading, any State that had an 

19 approved application for Phase II of the State Fiscal 

20 Stabilization Fund that was submitted in accordance 

21 with the application notice published in the Federal 

22 Register on November 17, 2009 (74 Fed. Reg. 

23 59142) shall be deemed to be in compliance with 

24 subsection (b) and paragraphs (2) through (5) of 


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1 subsection (d) of section 14005 of division A of Pub2 lic Law 111–5. 

3 (5) REQUIREMENT TO USE FUNDS TO RETAIN

4 OR CREATE EDUCATION JOBS.—Notwithstanding 

5 section 14003(a) of division A of Public Law 111– 

6 5, funds awarded to local educational agencies under 

7 paragraph (3)— 

8 (A) may be used only for compensation 

9 and benefits and other expenses, such as sup10 port services, necessary to retain existing em11 ployees, to recall or rehire former employees, 

12 and to hire new employees, in order to provide 

13 early childhood, elementary, or secondary edu14 cational and related services; and 

15 (B) may not be used for general adminis16 trative expenses or for other support services 

17 expenditures as those terms were defined by the 

18 National Center for Education Statistics in its 

19 Common Core of Data as of the date of enact20 ment of this Act. 

21 (6) PROHIBITION ON USE OF FUNDS FOR

22 RAINY-DAY FUNDS OR DEBT RETIREMENT.—A State 

23 that receives an allocation may not use such funds, 

24 directly or indirectly, to— 


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1 (A) establish, restore, or supplement a 

2 rainy-day fund; 

3 (B) supplant State funds in a manner that 

4 has the effect of establishing, restoring, or 

5 supplementing a rainy-day fund; 

6 (C) reduce or retire debt obligations in7 curred by the State; or 

8 (D) supplant State funds in a manner that 

9 has the effect of reducing or retiring debt obli10 gations incurred by the State. 

11 (7) DEADLINE FOR AWARD.—The Secretary 

12 shall award funds appropriated under this heading 

13 not later than 45 days after the date of the enact14 ment of this Act to States that have submitted ap15 plications meeting the requirements applicable to 

16 funds under this heading. The Secretary shall not 

17 require information in applications beyond what is 

18 necessary to determine compliance with applicable 

19 provisions of law. 

20 (8) ALTERNATE DISTRIBUTION OF FUNDS.—If, 

21 within 30 days after the date of the enactment of 

22 this Act, a Governor has not submitted an approv23 able application, the Secretary shall provide for 

24 funds allocated to that State to be distributed to an25 other entity or other entities in the State (notwithVerDate Mar 15 2010 20:59 Aug 26, 2011 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H2828.IH H2828

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1 standing section 14001(e) of division A of Public 

2 Law 111–5) for support of elementary and sec3 ondary education, under such terms and conditions 

4 as the Secretary may establish, provided that all 

5 terms and conditions that apply to funds appro6 priated under this heading shall apply to such funds 

7 distributed to such entity or entities. No distribution 

8 shall be made to a State under this paragraph, how9 ever, unless the Secretary has determined (on the 

10 basis of such information as may be available) that 

11 the requirements of clauses (i), (ii), or (iii) of para12 graph 10(A) are likely to be met, notwithstanding 

13 the lack of an application from the Governor of that 

14 State. 

15 (9) LOCAL EDUCATIONAL AGENCY APPLICA16 TION.—Section 442 of the General Education Provi17 sions Act shall not apply to a local educational agen18 cy that has previously submitted an application to 

19 the State under title XIV of division A of Public 

20 Law 111–5. The assurances provided under that ap21 plication shall continue to apply to funds awarded 

22 under this heading. 

23 (10) MAINTENANCE OF EFFORT.— 

24 (A) Except as provided in paragraph (8), 

25 the Secretary shall not allocate funds to a State 


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1 under paragraph (1) unless the Governor of the 

2 State provides an assurance to the Secretary 

3 that— 

4 (i) for State fiscal year 2011, the 

5 State will maintain State support for ele6 mentary and secondary education (in the 

7 aggregate or on the basis of expenditures 

8 per pupil) and for public institutions of 

9 higher education (not including support for 

10 capital projects or for research and devel11 opment or tuition and fees paid by stu12 dents) at not less than the level of such 

13 support for each of the two categories, re14 spectively, for State fiscal year 2009; 

15 (ii) for State fiscal year 2011, the 

16 State will maintain State support for ele17 mentary and secondary education and for 

18 public institutions of higher education (not 

19 including support for capital projects or for 

20 research and development or tuition and 

21 fees paid by students) at a percentage of 

22 the total revenues available to the State 

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1 egories, respectively, for State fiscal year 

2 2010; or 

3 (iii) in the case of a State in which 

4 State tax collections for calendar year 

5 2009 were less than State tax collections 

6 for calendar year 2006, for State fiscal 

7 year 2011 the State will maintain State 

8 support for elementary and secondary edu9 cation (in the aggregate) and for public in10 stitutions of higher education (not includ11 ing support for capital projects or for re12 search and development or tuition and fees 

13 paid by students)— 

14 (I) at not less than the level of 

15 such support for each of the two cat16 egories, respectively, for State fiscal 

17 year 2006; or 

18 (II) at a percentage of the total 

19 revenues available to the State that is 

20 equal to or greater than the percent21 age provided for each of the two cat22 egories, respectively, for State fiscal 

23 year 2006. 

24 (B) Section 14005(d)(1) and subsections 

25 (a) through (c) of section 14012 of division A 


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1 of Public Law 111–5 shall not apply to funds 

2 appropriated under this heading. 

3 TITLE III—LAW ENFORCEMENT 

4 AND FIREFIGHTER JOBS 

5 SEC. 301. APPROPRIATION. 

6 The following sums are appropriated, out of any 

7 money in the Treasury not otherwise appropriated, and 

8 for the following purposes, namely: 

9 DEPARTMENT OF JUSTICE 

10 COMMUNITY ORIENTED POLICING SERVICES

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount for ‘‘Community Oriented 

13 Policing Services’’, for grants under section 1701 of title 

14 I of the 1968 Omnibus Crime Control and Safe Streets 

15 Act (42 U.S.C. 3796dd) for hiring and rehiring of addi16 tional career law enforcement officers under part Q of 

17 such title, notwithstanding subsection (i) of such section, 

18 $1,179,000,000, of which $2,950,000 shall be transferred 

19 to ‘‘State and Local Law Enforcement Activities, Salaries 

20 and Expenses’’ for management, administration and over21 sight of such grants. 


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1 DEPARTMENT OF HOMELAND SECURITY 

2 FEDERAL EMERGENCY MANAGEMENT AGENCY

3 FIREFIGHTER ASSISTANCE GRANTS

4 For an additional amount for ‘‘Firefighter Assistance 

5 Grants’’ for necessary expenses for programs authorized 

6 by section 34 of the Federal Fire Prevention and Control 

7 Act of 1974 (15 U.S.C. 2229a), $500,000,000: Provided, 

8 That notwithstanding any provision under section 

9 34(a)(1)(A) of such Act specifying that grants must be 

10 used to increase the number of firefighters in fire depart11 ments, the Secretary of Homeland Security, in making 

12 grants under section 34 of such Act for fiscal year 2010, 

13 shall grant waivers from the requirements of subsections 

14 (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section: 

15 Provided further, That section 34(a)(1)(E) of such Act 

16 shall not apply with respect to funds appropriated in this 

17 or any other Act making appropriations for fiscal year 

18 2010 for grants under section 34 of such Act: Provided 

19 further, That the Secretary of Homeland Security, in mak20 ing grants under section 34 of such Act, shall ensure that 

21 funds appropriated under this or any other Act making 

22 appropriations for fiscal year 2010 are made available for 

23 the retention of firefighters and shall award grants not 

24 later than 120 days after the date of enactment of this 

25 Act: Provided further, That the Secretary may transfer 


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1 any unused funds under this heading to make grants for 

2 programs authorized by section 33 of such Act (15 U.S.C. 

3 2229) after notification to the Committees on Appropria4 tions of the Senate and the House of Representatives. 

5 TITLE IV—ON-THE-JOB 

6 TRAINING 

7 SEC. 401. APPROPRIATION. 

8 The following sums are appropriated, out of any 

9 money in the Treasury not otherwise appropriated, and 

10 for the following purposes, namely: 

11 DEPARTMENT OF LABOR 

12 EMPLOYMENT AND TRAINING ADMINISTRATION

13 TRAINING AND EMPLOYMENT SERVICES

14 For an additional amount for ‘‘Training and Employ15 ment Services’’ for activities under the Workforce Invest16 ment Act of 1998 (‘‘WIA’’), $500,000,000 which shall be 

17 available for obligation on the date of enactment of this 

18 Act, Provided, That such funds shall be used solely for 

19 on-the-job training (as such term is defined in section 

20 101(31) of the WIA): Provided further, That 

21 $250,000,000 of such amount shall be for such on-the22 job training for individuals who reside in local areas 

23 that— 


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1 (1) have a poverty rate of 12 percent or more 

2 for each Public Use Microdata Area (PUMA) in 

3 such local area; or 

4 (2) have an unemployment rate that is 2 per5 cent higher than the national unemployment rate. 

Æ 


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