based organization, or a State shall submit a 
statement in accordance with paragraph (2) or 
(3), as applicable, certifying the information de-
scribed in subsection (b) for such fiscal year. 
(C) NOTICE OF INTENT.— 
(i) IN GENERAL.—Seven days prior to 
the submission of a statement under sub-
paragraph (B), a unit of general local gov-
ernment that is an entitlement community 
or State shall publish public notice of the 
intent to submit a statement under such 
subparagraph, which includes a copy of the 
statement. 
(ii) INTERNET
WEB
SITE.—In pub-
lishing public notice under clause (i), a 
unit of general local government or State 
shall post the notice and information de-
scribed in such clause on a publicly avail-
able Internet Web site of the unit or State, 
as applicable. 
(2) ENTITLEMENT COMMUNITIES.— 
(A) STATEMENTS FROM UNITS.—In order 
to receive funds under this title for a fiscal year 
for which funds are appropriated to carry out 
this title, a unit of general local government 
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that is an entitlement community shall submit 
to the Secretary, at such time and in such man-
ner as determined by the Secretary, a state-
ment that certifies the information described in 
subsection (b)— 
(i) with respect to such unit for such 
fiscal year; and 
(ii) with respect to the community- 
based organizations the unit plans to fund, 
using funds the unit receives under this 
title, for such fiscal year. 
(B) 
STATEMENTS
FROM
COMMUNITY- 
BASED
ORGANIZATIONS.—In order to receive 
funds for a fiscal year from a unit of general 
local government that is an entitlement commu-
nity receiving funds for such fiscal year under 
this title, a community-based organization shall 
submit to a unit of general local government 
that is an entitlement community, at such time 
and in such manner as determined by the unit, 
a statement certifying the information described 
in subsection (b) with respect to such organiza-
tion for such fiscal year. 
(3) NONENTITLEMENT AREAS.— 
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(A) STATEMENT FROM UNITS AND ORGA-
NIZATIONS.—In order to receive funds for a fis-
cal year from a State receiving funds for such 
fiscal year under this title, a unit of general 
local government that is located in a nonentitle-
ment area of the State, or a community-based 
organization, shall submit to the State, at such 
time and in such manner as determined by the 
State, a statement certifying the information 
described in subsection (b)— 
(i) with respect to such unit for such 
fiscal year; or 
(ii) with respect to such organization 
for such fiscal year. 
(B) STATEMENTS
FROM
STATES.—After 
reviewing the statements received under sub-
paragraph (A) for a fiscal year, a State shall 
submit to the Secretary, at such time and in 
such manner as determined by the Secretary, a 
statement certifying the information described 
in subsection (b) with respect to the units of 
general local government and community-based 
organizations that the State plans to fund, 
using funds the State receives under this title, 
for such fiscal year. 
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(b) INFORMATION CERTIFIED.—A statement sub-
mitted under subsection (a) shall certify, with respect to 
a unit of general local government or community-based or-
ganization, as applicable, the following information: 
(1) The amount of funds requested by such 
unit or organization. 
(2) The number of individuals who will receive 
employee compensation with such funds. 
(3) The job titles of, and the amount of em-
ployee compensation and the employers (units or or-
ganizations) for, the positions that will be filled by 
the individuals. 
(4) Whether the positions will— 
(A) in the case of employment with a unit, 
assist in retaining, restoring, or expanding an 
existing local public service; or 
(B) in the case of employment with an or-
ganization, provide services or functions that 
are not customarily provided by a unit that is 
an entitlement community, or a unit located in 
a nonentitlement area of a State, where such 
services or functions will be provided by the or-
ganization. 
(5) The estimated date of hiring for the posi-
tions. 
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(6) A statement documenting the need for the 
services to be carried out by the individuals hired for 
the positions. 
(7) In the case of a unit that desires to use 
funds received under this title to continue to provide 
employee compensation for existing employees of the 
unit in accordance with section 102(c)(2)(A)(i) or 
103(a)(2), a statement documenting the fiscal con-
straints of the unit that would result in the termi-
nation or reduction of the positions of such employ-
ees. 
(8) A description of the unit’s or organization’s 
plan to target recruitment efforts for positions fund-
ed under this title in accordance with section 105(b). 
(9) An assurance by the unit or organization 
that the unit or organization will comply with all 
provisions of this title. 
(10) An assurance by the unit or organization 
that the unit or organization will comply with all ap-
plicable Federal, State, and local labor laws, includ-
ing laws concerning wages and hours, labor rela-
tions, family and medical leave, occupational safety 
and health, and nondiscrimination. 
(c) APPROVAL AND ALLOTMENT OF FUNDS.— 
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(1) ENTITLEMENT COMMUNITIES.—Within 30 
days of receipt of a statement submitted under sub-
section (a)(2)(A) by unit of general local government 
that is an entitlement community, the Secretary 
shall allot to the unit the amount of funds requested 
by the unit for a fiscal year, not to exceed the total 
amount of funds available to be allotted under sec-
tion 102(b)(1) to the unit for such fiscal year. 
(2) NONENTITLEMENT AREAS.— 
(A) APPROVAL
BY
THE
SECRETARY.— 
Within 30 days of receipt of a statement sub-
mitted under subsection (a)(3)(B) by a State 
with respect to a unit of general local govern-
ment located in a nonentitlement area, or a 
community-based organization to provide serv-
ices or functions that are not customarily pro-
vided by a unit of general local government lo-
cated in a nonentitlement area where such serv-
ices or functions will be provided by the organi-
zation, for a fiscal year, the Secretary shall 
allot to the State the amount of funds re-
quested by the State for such unit or organiza-
tion for such fiscal year, not to exceed the total 
amount of funds available to be allotted under 
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section 102(b)(2) to the State for such fiscal 
year. 
(B) STATE ALLOTMENT OF FUNDS.—Not 
later than 15 days after receiving an allotment 
of funds from the Secretary under subpara-
graph (A), the State shall allot, in accordance 
with section 102(c)(2), all of the funds to the 
unit or organization for which such funds were 
provided by the Secretary under subparagraph 
(A). 
(3) WITHHELD FUNDS.—Notwithstanding para-
graphs (1) and (2), any funds under this title with-
held pursuant to a grievance filed under section 
110(b) shall be withheld until such grievance is re-
solved. 
(d) REALLOTMENT OF FUNDS.— 
(1) UNITS.—The funds made available for allot-
ment under this title for a fiscal year for a unit of 
general local government that is an entitlement com-
munity that does not submit, within 6 months after 
the date the Secretary publishes a notice of allot-
ment under subsection (a)(1)(A) for such unit, to 
the Secretary a statement under subsection (a) that 
indicates an intention to hire at least 1 individual 
under this title for such fiscal year, shall be made 
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available to be reallotted by the Secretary for the fis-
cal year immediately following such fiscal year, in 
accordance with the allotment formula under section 
102(b)(1). 
(2) STATES.—The funds made available for al-
lotment under this title for a fiscal year for a State 
that does not submit, within 6 months after the date 
the Secretary publishes a notice of allotment under 
subsection (a)(1)(A) for such State, shall be allotted 
by the Secretary to units of general local government 
and community-based organizations located in the 
nonentitlement area of the State to carry out the 
purposes of this title for such fiscal year. 
SEC. 105. COMPLIANCE WITH LOCAL LAWS AND CON-
TRACTS; RECRUITMENT REQUIREMENTS. 
(a) COMPLIANCE WITH LOCAL LAWS
AND CON-
TRACTS.—In hiring individuals for positions funded under 
this title, or using funds under this title to continue to 
provide employee compensation for existing employees, a 
unit of general local government or community-based or-
ganization shall comply with all applicable Federal, State, 
and local laws, personnel policies and regulations, and col-
lective bargaining agreements, as if such individual was 
hired, or such employee compensation was provided, with-
out assistance under this title. 
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(b) TARGETING RECRUITMENT EFFORTS.—In re-
cruiting individuals for positions funded under this title, 
a unit of general local government or community-based or-
ganization shall target recruitment efforts with respect to 
individuals who— 
(1) have been in receipt of unemployment com-
pensation for at least 25 weeks; 
(2) have exhausted unemployment compensa-
tion within the last 2 years; 
(3) are veterans; or 
(4) are unemployed individuals who are not eli-
gible to receive unemployment compensation because 
they do not have sufficient wages to meet the min-
imum qualifications for such compensation. 
(c) BONUS GRANTS.— 
(1) IN
GENERAL.—From the amounts made 
available under paragraph (2), the Secretary may 
award grants to each unit of general local govern-
ment and each community-based organization where 
at least 15 percent of the individuals hired for a po-
sition under this Act for a fiscal year are individuals 
described in subsection (b). 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There 
are 
authorized 
to 
be 
appropriated 
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$100,000,000 to carry out this subsection for each 
fiscal year. 
SEC. 106. EMPLOYMENT STATUS AND COMPENSATION. 
(a) EMPLOYEE STATUS.—An individual hired for a 
position funded under this title shall— 
(1) be considered an employee of the unit of 
general local government, or community-based orga-
nization, by which such individual was hired; and 
(2) receive the same employee compensation, 
have the same rights and responsibilities and job 
classifications, and be subject to the same job stand-
ards, employer policies, and collective bargaining 
agreements as if such individual was hired without 
assistance under this title. 
(b) LIMIT ON NUMBER OF EXECUTIVE, ADMINISTRA-
TIVE, OR PROFESSIONAL POSITIONS.— 
(1) UNITS.—Of the total number of positions 
funded under this title for a fiscal year for each unit 
of general local government and each community- 
based organization— 
(A) not more than 20 percent shall be in 
a bona fide executive, administrative, or profes-
sional capacity; and 
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(B) at least 80 percent shall not be in a 
bona fide executive, administrative, or profes-
sional capacity. 
(2) DEFINITIONS.—For purposes of this sub-
section, the terms ‘‘bona fide executive’’, ‘‘bona fide 
administrative’’; and ‘‘bona fide professional’’ when 
used in relation to capacity shall have the meanings 
given such terms under section 13(a)(1) of the Fair 
Labor 
Standards 
Act 
of 
1938 
(29 
U.S.C. 
213(a)(1)). 
(c) TOTAL AMOUNT OF COMPENSATION.—For each 
fiscal year for which funds are appropriated to carry out 
this title, each unit of general local government and each 
community-based organization that receives funds under 
this title for any such fiscal year shall use such funds to 
provide an amount equal to the total amount of employee 
compensation for individuals hired under this title. 
(d) LIMIT ON PERIOD OF EMPLOYMENT.—Notwith-
standing any agreement or other provision of law (other 
than those provisions of law pertaining to civil rights in 
employment), a unit of general local government or com-
munity-based organization shall not be obligated to employ 
the individuals hired under this title or retain the positions 
filled by such individuals beyond the period for which the 
unit or organization receives funding under this title. 
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SEC. 107. NONDISPLACEMENT. 
(a) NONDISPLACEMENT OF EXISTING EMPLOYEES.— 
(1) IN GENERAL.—Except as provided under 
section 102(c)(2)(A)(i) and 103(a)(2), a unit of gen-
eral local government or community-based organiza-
tion may not employ an individual for a position 
funded under this title, if— 
(A) employing such individual will result in 
the layoff or partial displacement (such as a re-
duction in hours, wages, or employee benefits) 
of an existing employee of the unit or organiza-
tion; or 
(B) such individual will perform the same 
or substantially similar work that had pre-
viously been performed by an employee of the 
unit or organization who— 
(i) has been laid off or partially dis-
placed (as such term is described in sub-
paragraph (A)); and 
(ii) has not been offered by the unit 
or organization, to be restored to the posi-
tion the employee had immediately prior to 
being laid off or partially displaced. 
(2) ELIMINATION OF POSITION.—For the pur-
poses of this subsection, a position shall be consid-
ered to have been eliminated by a unit of general 
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local government or community-based organization if 
the position has remained unfilled and the unit or 
organization has not sought to fill such position for 
at least a period of one month. 
(3) PROMOTIONAL
OPPORTUNITIES.—An indi-
vidual may not be hired for a position funded under 
this title in a manner that infringes upon the pro-
motional opportunities of an existing employee (as of 
the date of such hiring) of a unit or organization re-
ceiving funding under this title. 
(b) NONDISPLACEMENT
OF LOCAL GOVERNMENT 
SERVICES.—A community-based organization receiving 
funds under this title may not use such funds to provide 
services or functions that are customarily provided by a 
unit of general local government where such services or 
functions are provided by the organization. 
SEC. 108. REPORTING REQUIREMENTS. 
(a) ENTITLEMENT COMMUNITY.—A unit of general 
local government that is an entitlement community that 
receives funds under this title shall submit, every 90 days 
during the period the unit receives such funds, to the Sec-
retary, a report that provides— 
(1) the status of the unit’s compliance with the 
statement submitted by the unit under section 
104(a)(2)(A); and 
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(2) the status of the compliance of any commu-
nity-based organization that receives funds from the 
unit pursuant to this title with the statement sub-
mitted 
by 
the 
organization 
under 
section 
104(a)(2)(B). 
(b) NONENTITLEMENT AREA.— 
(1) UNITS
AND
ORGANIZATIONS.—A unit of 
general local government located in a nonentitlement 
area of a State that is receiving funds under this 
title, or a community-based organization that is pro-
viding services in a non-entitlement area of such 
State, shall submit, every 90 days during the period 
the unit or organization receives funds from the 
State pursuant to this title, to the State, a report 
that provides the status of the compliance of the 
unit or organization with the statements submitted 
under section 104(a)(3)(A). 
(2) STATES.—A State shall submit, every 90 
days during the period the State receives funds 
under this title, to the Secretary, a report containing 
the information received under paragraph (1). 
(c) POSTING OF REPORTS.—Upon receiving the re-
ports submitted under subsections (a) and (b)(2), the Sec-
retary shall post on a publicly accessible Web site of the 
Department of Labor such reports. 
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SEC. 109. AUDITING BY THE SECRETARY. 
The Secretary shall perform random, periodic audits 
to determine compliance with this title. 
SEC. 110. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOT-
LINE, AND ENFORCEMENT BY THE SEC-
RETARY. 
(a) ESTABLISHMENT
OF
ARBITRATION
PROCE-
DURE.— 
(1) IN GENERAL.—Each unit of general local 
government that is an entitlement community and 
each State that receives funding under this title 
shall agree to the arbitration procedure described in 
this subsection to resolve disputes described in sub-
sections (b) and (c). 
(2) WRITTEN GRIEVANCES.— 
(A) IN GENERAL.—If an employee (or an 
employee representative) wishes to use the arbi-
tration procedure described in this subsection, 
such party shall file a written grievance within 
the time period required under subsection (b) or 
(c), as applicable, simultaneously with the chief 
executive officer of a unit or State involved in 
the dispute and the Secretary. 
(B) IN-PERSON MEETING.—Not later than 
10 days after the date of the filing of the griev-
ance, the chief executive officer (or the designee 
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of the chief executive officer) shall have an in- 
person meeting with the party to resolve the 
grievance. 
(3) ARBITRATION.— 
(A) SUBMISSION.—If the grievance is not 
resolved within the time period described in 
paragraph (2)(B), a party, by written notice to 
the other party involved, may submit such 
grievance to binding arbitration before a quali-
fied arbitrator who is jointly selected and inde-
pendent of the parties. 
(B) APPOINTMENT BY SECRETARY.—If the 
parties cannot agree on an arbitrator within 5 
days of submitting the grievance to binding ar-
bitration under subparagraph (A), one of the 
parties may submit a request to the Secretary 
to appoint a qualified and independent arbi-
trator. The Secretary shall appoint a qualified 
and independent arbitrator within 15 days after 
receiving the request. 
(C) HEARING.—Unless the parties mutu-
ally agree otherwise, the arbitrator shall con-
duct a hearing on the grievance and issue a de-
cision not later than 30 days after the date 
such arbitrator is selected or appointed. 
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(D) COSTS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the cost of an arbitration 
proceeding shall be divided evenly between 
the parties to the arbitration. 
(ii) EXCEPTION.—If a grievant pre-
vails under an arbitration proceeding, the 
unit of general local government or State 
involved in the dispute shall pay the cost 
of such proceeding, including attorneys’ 
fees. 
(b) DISPUTES CONCERNING
THE ALLOTMENT
OF 
FUNDS.—In the case where a dispute arises as to whether 
a unit of general local government that is an entitlement 
community or State has improperly requested funds for 
services or functions to be provided by a community-based 
organization that are customarily provided by the unit or, 
in the case of a State, by a unit located in the nonentitle-
ment area of the State where services or functions will 
be provided by the organization, an employee or employee 
representative of the unit or State may file a grievance 
under subsection (a) not later than 15 days after public 
notice of an intent to submit a statement under section 
104(a) is published in accordance with paragraph (1)(C) 
of such section. Upon receiving a copy of the grievance, 
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the Secretary shall withhold the funds subject to such 
grievance, unless and until the grievance is resolved under 
subsection (a), by the parties or an arbitrator in favor of 
providing such funding. 
(c) ALL OTHER DISPUTES.— 
(1) IN GENERAL.—In the case of a dispute not 
covered under subsection (b) concerning compliance 
with the requirements of this title by a unit of gen-
eral local government that is an entitlement commu-
nity, State, or community-based organization receiv-
ing funds under this title, an employee or employee 
representative of the unit or State may file a griev-
ance under subsection (a) not later than 90 days 
after the dispute arises. In such cases, an arbitrator 
may award such remedies as are necessary to make 
the grievant whole, including the reinstatement of a 
displaced employee or the payment of back wages, 
and may submit recommendations to the Secretary 
to ensure further compliance with the requirements 
of this title, including recommendations to suspend 
or terminate funding, or to require the repayment of 
funds received under this title during any period of 
noncompliance. 
(2) EXISTING
GRIEVANCE
PROCEDURES.—A 
party to a dispute described in paragraph (1) may 
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use the existing grievance procedure of a unit or 
State involved in such dispute, or the arbitration 
procedure described in this subsection, to resolve 
such dispute. 
(d) PARTY DEFINED.—For purposes of subsections 
(a), (b), and (c), the term ‘‘party’’ means an employee, 
employee representative, unit of general local government, 
or State, involved in a dispute described in subsection (b) 
or (c). 
(e) WHISTLEBLOWER HOTLINE; ENFORCEMENT BY 
THE SECRETARY.— 
(1) WHISTLEBLOWER
HOTLINE.—The Sec-
retary shall post on a publicly accessible Internet 
Web site of the Department of Labor the contact in-
formation for reporting noncompliance with this title 
by a State, unit of general local government, com-
munity-based organization, or individual receiving 
funding under this title. 
(2) ENFORCEMENT BY THE SECRETARY.— 
(A) IN
GENERAL.—If the Secretary re-
ceives a complaint alleging noncompliance with 
this title, the Secretary may conduct an inves-
tigation and after notice and an opportunity for 
a hearing, may order such remedies as the Sec-
retary determines appropriate, including— 
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(i) withholding further funds under 
this title to a noncompliant entity; 
(ii) requiring the entity to make an 
injured party whole; or 
(iii) requiring the entity to repay to 
the Secretary any funds received under 
this title during any period of noncompli-
ance. 
(B) DEFINITION.—For purposes of this 
paragraph, the term ‘‘entity’’ means State, unit 
of general local government, community-based 
organization, or individual. 
(C) 
RECOMMENDATION
BY
AN
ARBI-
TRATOR.—A remedy described in subparagraph 
(A) may also be ordered by the Secretary upon 
recommendation by an arbitrator appointed or 
selected under this section. 
SEC. 111. APPROPRIATION. 
There are appropriated such amounts as may be nec-
essary to carry out this title for each fiscal year. 
SEC. 112. DEFINITIONS. 
In this title: 
(1) IN GENERAL.—The terms ‘‘city’’; ‘‘extent of 
poverty’’; ‘‘metropolitan city’’; ‘‘urban county’’; 
‘‘nonentitlement area’’; ‘‘population’’; and ‘‘State’’ 
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have the meanings given the terms in section 102 of 
the Housing and Community Development Act of 
1974 (42 U.S.C. 5302). 
(2) BENEFITS.—The term ‘‘benefits’’ has the 
meaning given the term ‘‘employment benefits’’ in 
section 101 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611). 
(3) COMMUNITY-BASED
ORGANIZATION.—The 
term ‘‘community-based organization’’ means a pri-
vate nonprofit organization that— 
(A) is representative of a community with-
in a unit of general local government or a sig-
nificant segment of the community; and 
(B) has demonstrated expertise and effec-
tiveness in providing services or functions to the 
community not customarily provided by the 
unit. 
(4) EMPLOYEE
COMPENSATION.—The term 
‘‘employee compensation’’ includes wages and bene-
fits. 
(5) ENTITLEMENT
COMMUNITIES.—The term 
‘‘entitlement communities’’ includes metropolitan cit-
ies and urban counties. 
(6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4(e) of 
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the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(8) SUPPORTIVE
SERVICES.—The term ‘‘sup-
portive services’’ means services such as transpor-
tation and child care that are necessary to enable an 
individual to be employed in a position funded under 
this title. 
(9) UNEMPLOYED INDIVIDUAL.—The term ‘‘un-
employed individual’’ has the meaning given such 
term in section 101 of the Workforce Investment 
Act of 1998 (29 U.S.C. 2801). 
(10) UNIT
OF
GENERAL
LOCAL
GOVERN-
MENT.—The term ‘‘unit of general local govern-
ment’’ means any city, county, town, township, par-
ish, village, or other general purpose political sub-
division of a State; Guam, the Northern Mariana Is-
lands, the Virgin Islands, and American Samoa, or 
a general purpose political subdivision thereof; a 
combination of such political subdivisions that is rec-
ognized by the Secretary; and the District of Colum-
bia. 
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(11) VETERAN.—The term ‘‘veteran’’ has the 
meaning given such term in section 101 of the 
Workforce Investment Act (29 U.S.C. 2801). 
(12) WAGE.—The term ‘‘wage’’ has the mean-
ing given such term in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203). 
TITLE II—EDUCATION JOBS 
FUND 
SEC. 201. EDUCATION JOBS FUNDS. 
There are authorized to be appropriated and there 
are appropriated out of any money in the Treasury not 
otherwise obligated for necessary expenses for an Edu-
cation Jobs Fund, $23,000,000,000: Provided, That the 
amount under this heading shall be administered under 
the terms and conditions of sections 14001 through 14013 
and title XV of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111–5) except as 
follows: 
(1) ALLOCATION OF FUNDS.— 
(A) Funds appropriated under this heading 
shall be available only for allocation by the Sec-
retary of Education (in this heading referred to 
as the Secretary) in accordance with sub-
sections (a), (b), (d), (e), and (f) of section 
14001 of division A of Public Law 111–5 and 
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subparagraph (B) of this paragraph, except 
that the amount reserved under such subsection 
(b) shall not exceed $1,000,000 and such sub-
section (f) shall be applied by substituting 1 
year for 2 years. 
(B) Prior to allocating funds to States 
under section 14001(d) of division A of Public 
Law 111–5, the Secretary shall allocate 0.5 
percent to the Secretary of the Interior for 
schools operated or funded by the Bureau of In-
dian Affairs on the basis of the schools’ respec-
tive needs for activities consistent with this 
heading under such terms and conditions as the 
Secretary of the Interior may determine. 
(2) RESERVATION.—A State that receives an 
allocation of funds appropriated under this heading 
may reserve not more than 2 percent for the admin-
istrative costs of carrying out its responsibilities with 
respect to those funds. 
(3) AWARDS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.— 
(A) Except as specified in paragraph (2), 
an allocation of funds to a State shall be used 
only for awards to local educational agencies for 
the support of elementary and secondary edu-
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