,i #aacth ,,congress #ast ,session ,h4 ,r4 #bhhi ,,in ,,the ,,house ,,of ,,representatives ,july #ca1 #bjac ,mr4 ,george ,miller of ,california 7for himself1 ,ms4 ,schakowsky1 ,ms4 ,kaptur1 ,mr4 ,nadler1 ,mr4 ,lewis1 ,ms4 ,moore1 ,ms4 ,clarke1 ,mr4 ,hinojosa1 ,mr4 ,conyers1 ,mr4 ,holt1 ,mr4 ,pocan1 ,ms4 ,slaughter1 ,mr4 ,huffman1 ,mr4 ,cartwright1 ,ms4 ,brownley of ,california1 ,ms4 ,norton1 ,ms4 ,frankel of ,florida1 and ,mr4 ,sablan7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to provide funds to ,states1 units of general local government1 and community-based organizations to save and create local jobs through the retention1 restoration1 or expansion of services needed by local communities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,local ,jobs for ,america ,act4 ,i ,local ,community ,jobs #aja4 ,stabilization funding for local jobs ,from the amount appropriated by section #aaa1 the ,secretary of ,labor1 acting through the ,employment and ,training ,administration of the ,department of ,labor and in consultation with the ,secretary of ,housing and ,urban ,development1 shall provide funds to ,states1 units of general local government1 and community-based organizations to save and create local jobs through the retention1 restoration1 or expansion of services needed by local communities4 #ajb4 ,allotment formula 7a7 ,reservations by the ,secretary ,of the amount appropriated under section #aaa for each fiscal year1 the ,secretary may reserve-- 7#a7 not more than #a percent to administer this title2 and 7#b7 not more than #j4e percent to award grants1 on a competitive basis1 to ,indian tribes for purposes of this title4 7b7 ,making funds available for allotment by the ,secretary ,of the amounts appropriated under section #aaa and not reserved under subsection 7a71 the ,secretary shall make available for allotment the amounts for each fiscal year as follows3 7#a7 ,seventy percent to entitlement communities1 of which the ,secretary shall make available for allotment-- 7,a7 #be percent by making available for allotment to each entitlement community an amount which bears the same ratio to the total amount made available under this subparagraph as the population of the entitlement community bears to the total population of all entitlement communities2 7,b7 #be percent by making available for allotment to each entitlement community an amount which bears the same ratio to the total amount made available under this subparagraph as the extent of poverty in the entitlement community bears to the extent of poverty in all entitlement communities2 and 7,c7 #ej percent by making available for allotment to each entitlement community in an amount which bears the same ratio to the total amount made available under this subparagraph as the number of unemployed individuals in the entitlement community bears to the total number of unemployed individuals in all entitlement communities4 7#b7 ,thirty percent to ,states1 of which the ,secretary shall make available for allotment-- 7,a7 #be percent by making available for allotment to each ,state an amount which bears the same ratio to the total amount made available under this subparagraph as the population of the ,state bears to the total population of all ,states2 7,b7 #be percent by making available for allotment to each ,state in an amount which bears the same ratio to the total amount made available under this subparagraph as the extent of poverty in the ,state bears to the extent of poverty in all ,states2 and 7,c7 #ej percent by making available for allotment to each ,state in an amount which bears the same ratio to the total amount made available under this subparagraph as the number of unemployed individuals in the ,state bears to the total number of unemployed individuals in all ,states4 7c7 ,reservation and allotments by states 7#a7 ,reservation ,of the amount of funds allotted to a ,state under section #ajd7;c77#b77;,a7 for each fiscal year1 a ,state may reserve not more than #b percent for administrative purposes4 7#b7 ,allotments by ,states 7,a7 ,in general ,a ,state shall provide all of the funds allotted to the ,state under section #ajd7;c77#b77;,a7 that are not reserved under paragraph 7#a7 as follows3 7i7 ,not more than #ej percent of the funds to units of general local government located in nonentitlement areas of the ,state to continue to provide employee compensation to employees employed by each such unit1 as of the date the ,state receives the attotment under section #ajd7;c77#b77;,a71 in positions that-- 7,i7 provide local services to the public2 and 7,,ii7 would otherwise be terminated or reduced as a result of fiscal constraints of such unit4 7ii7 ,not more than #ej percent of the remainder of the funds 7after allotting funds under clause 7i77 to community-based organizations for each such organization to employ individuals newly hired or employed under a contract entered into on or after the date on which the ,state receives the allotment under section #ajd7;c77#b77;,a7 to provide services or functions that are not customarily provided by a unit of general local government located in a nonentitlement area of the ,state4 7iii7 ,all of the remainder of the funds 7after allotting funds under clauses 7i7 and 7ii77 to units of general local government located in nonentitlement areas of the ,state for each such unit to provide employee compensation to individuals newly hired to carry out the local public services described in subclauses 7,i7 and 7,,ii7 of section #ajc7;c77#a77;,b77i7 for the unit4 7,b7 ,allotments ,in allotting funds under subparagraph 7,a7 for a fiscal year1 a ,state shall-- 7i7 provide to each unit of general local government and community-based organization located in a nonentitlement area of a ,congressional district of the ,state not less than an amount of funds that bears the same ratio to the total amount made available to be allotted to the ,state under subsection 7b77#b7 for such fiscal year as the population of the nonentitlement area of the ,congressional district bears to the total population of all nonentitlement areas of the ,state2 7ii7 if the total amount of funds allotted by the ,secretary to a ,state under section #ajd7;c77#b77;,a7 on behalf of units of general local government and community-based organizations located in the nonentitlement area of a ,congressional district of the ,state is less than the amount to be provided to the units and organizations under clause 7i7 for such fiscal year1 provide to the units and organizations an amount of funds equal to the amount of funds so allotted for such fiscal year2 and 7iii7 consult with local elected officials from among units of general local government located in nonentitlement areas of such ,state in determining the method of allotment of such funds under clauses 7i7 and 7ii74 7d7 ,rule for providing funds to community-,based organizations ,in providing funds under this title to community-based organizations1 a unit of general local government or ,state shall1 to the extent practicable1 give priority to community-based organizations that will provide services or functions in accordance with this title to-- 7#a7 public use microdata areas that have a poverty rate of #ab percent or more2 or 7#b7 units of general local government that have an unemployment rate that is #b percent higher than the national unemployment rate4 #ajc4 ,uses of funds by units of general local government and community-based organizations 7a7 ,entitlement ,communities ,of the amount of funds received under section #ajd7;c77#a7 for each fiscal year1 a unit of general local government that is an entitlement community-- 7#a7 may use not more than #e percent for administrative purposes2 7#b7 may use up to #ej percent of the remainder of such funds 7after using the funds pursuant to paragraph 7#a77 to continue to provide employee compensation to employees employed by the unit1 as of the date the unit receives funds under section #ajd7;c77#a71 in positions that-- 7,a7 provide local services to the public2 and 7,b7 would otherwise be terminated or reduced as a result of fiscal constraints of such unit2 7#c7 may provide up to #ej percent of the remainder of such funds 7after using the funds pursuant to paragraph 7#a7 and 7#b77 to a community-based organization to employ individuals newly hired or employed under a contract entered into on or after the date on which the unit receives funds under section #ajd7;c77#a7 to provide services or functions that are not customarily provided by the unit1 of which-- 7,a7 not less than #ic percent shall be used by the organization to provide employee compensation to such individuals2 7,b7 not more than #e percent may be used by the organization for supportive services2 and 7,c7 not more than #b percent may be used by the organization for administrative purposes2 and 7#d7 shall use all of the remainder of such funds 7after using the funds pursuant to paragraphs 7#a7 through 7#c771 to the extent that the unit determines that it has a need for additional employees1 to provide employee compensation to individuals newly hired by the unit to carry out the local public services described in subclauses 7,i7 and 7,,ii7 of subsection 7c77#a77;,b77i7 for the unit4 7b7 ,nonentitlement areas ,of the amount of funds received under section #ajd7;c77#b77;,b7 for each fiscal year-- 7#a7 a unit of general local government that is located in a nonentitlement area of a ,state-- 7,a7 may use not more than #b percent for administrative purposes2 and 7,b7 shall use all of the remainder of such funds 7after using the funds pursuant to subparagraph 7,a77 to provide employee compensation to individuals described in clause 7i7 or 7iii7 of section #ajb7;c77#b77;,a71 as determined by the ,state2 and 7#b7 a community-based organization-- 7,a7 shall use not less than #ic percent to provide employee compensation to individuals described in section #ajb7;c77#b77;,a77ii72 7,b7 may use up to #e percent for supportive services2 and 7,c7 may use up to #b percent for administrative purposes4 7c7 ,funded ,positions2 ,consultation by chief executive officers 7#a7 ,funded positions 7,a7 ,full-time1 full-year employment 7i7 ,in general ,an individual hired under this title by a unit of general local government or community-based organization shall fill a position that offers full-time1 full-year employment4 7ii7 ,definitions ,for purposes of this subparagraph-- 7,i7 the term full-time1 when used in relation to employment1 has the meaning already established or1 if the meaning has not been established1 determined to be appropriate for purposes of this title1 by the unit of general local government or community-based organization hiring an individual under this title2 and 7,,ii7 the term full-year1 when used in relation to employment1 means a position that provides employment for a #ab-month period1 except that in the case of a position that provides a service required by a unit or organization for only the duration of a school year1 the term means a position that provides employment for such duration4 7,b7 ,services for units ,an individual hired under this title-- 7i7 by a unit of general local government1 shall fill a position to assist the unit in-- 7,i7 restoring local public services terminated on or after the date that is #e years before the date of enactment of this title2 7,,ii7 expanding existing local public services2 or 7,,iii7 retaining local public services that would otherwise be reduced as a result of the fiscal constraints of such unit2 or 7ii7 by a community-based organization1 shall fill a position to provide services or functions that are not customarily provided by a unit of general local government4 7#b7 ,consultation by ,chief executive officers ,a chief executive officer of a unit of general local government shall consult with the local community and labor organizations representing employees of such unit in determining the positions that should be funded under this title for such unit for each fiscal year4 #ajd4 ,statements of need2 approval and allotment of funds 7a7 ,submission of statements2 ,notice of ,allotment and ,intent 7#a7 ,in general 7,a7 ,notice of ,allocation ,the ,secretary shall post on a publicly accessible ,internet ,web site of the ,department of ,labor1 the total amount of funds made available for allotment under this title for a fiscal year to each unit of general local government that is an entitlement community and each ,state that is eligible to receive funds under this title for such fiscal year4 7,b7 ,submission ,in order to receive funds under this title for a fiscal year for which funds are appropriated to carry out this title1 a unit of general local government1 community-based organization1 or a ,state shall submit a statement in accordance with paragraph 7#b7 or 7#c71 as applicable1 certifying the information described in subsection 7b7 for such fiscal year4 7,c7 ,notice of ,intent 7i7 ,in general ,seven days prior to the submission of a statement under subparagraph 7,b71 a unit of general local government that is an entitlement community or ,state shall publish public notice of the intent to submit a statement under such subparagraph1 which includes a copy of the statement4 7ii7 ,internet ,web site ,in publishing public notice under clause 7i71 a unit of general local government or ,state shall post the notice and information described in such clause on a publicly available ,internet ,web site of the unit or ,state1 as applicable4 7#b7 ,entitlement communities 7,a7 ,statements from units ,in order to receive funds under this title for a fiscal year for which funds are appropriated to carry out this title1 a unit of general local government that is an entitlement community shall submit to the ,secretary1 at such time and in such manner as determined by the ,secretary1 a statement that certifies the information described in subsection 7b7-- 7i7 with respect to such unit for such fiscal year2 and 7ii7 with respect to the community-based organizations the unit plans to fund1 using funds the unit receives under this title1 for such fiscal year4 7,b7 ,statements from ,community-based organizations ,in order to receive funds for a fiscal year from a unit of general local government that is an entitlement community receiving funds for such fiscal year under this title1 a community-based organization shall submit to a unit of general local government that is an entitlement community1 at such time and in such manner as determined by the unit1 a statement certifying the information described in subsection 7b7 with respect to such organization for such fiscal year4 7#c7 ,nonentitlement areas 7,a7 ,statement from units and organizations ,in order to receive funds for a fiscal year from a ,state receiving funds for such fiscal year under this title1 a unit of general local government that is located in a nonentitlement area of the ,state1 or a community-based organization1 shall submit to the ,state1 at such time and in such manner as determined by the ,state1 a statement certifying the information described in subsection 7b7-- 7i7 with respect to such unit for such fiscal year2 or 7ii7 with respect to such organization for such fiscal year4 7,b7 ,statements from states ,after reviewing the statements received under subparagraph 7,a7 for a fiscal year1 a ,state shall submit to the ,secretary1 at such time and in such manner as determined by the ,secretary1 a statement certifying the information described in subsection 7b7 with respect to the units of general local government and community-based organizations that the ,state plans to fund1 using funds the ,state receives under this title1 for such fiscal year4 7b7 ,information certified ,a statement submitted under subsection 7a7 shall certify1 with respect to a unit of general local government or community-based organization1 as applicable1 the following information3 7#a7 ,the amount of funds requested by such unit or organization4 7#b7 ,the number of individuals who will receive employee compensation with such funds4 7#c7 ,the job titles of1 and the amount of employee compensation and the employers 7units or organizations7 for1 the positions that will be filled by the individuals4 7#d7 ,whether the positions will-- 7,a7 in the case of employment with a unit1 assist in retaining1 restoring1 or expanding an existing local public service2 or 7,b7 in the case of employment with an organization1 provide services or functions that are not customarily provided by a unit that is an entitlement community1 or a unit located in a nonentitlement area of a ,state4 7#e7 ,the estimated date of hiring for the positions4 7#f7 ,a statement documenting the need for the services to be carried out by the individuals hired for the positions4 7#g7 ,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 #ajb7;c77#b77;,a77i7 or #ajc7;a77#b71 a statement documenting the fiscal constraints of the unit that would result in the termination or reduction of the positions of such employees4 7#h7 ,a description of the unit's or organization's plan to target recruitment efforts for positions funded under this title in accordance with section #aje7;b74 7#i7 ,an assurance by the unit or organization that the unit or organization will comply with all provisions of this title4 7#aj7 ,an assurance by the unit or organization that the unit or organization will comply with all applicable ,federal1 ,state1 and local labor laws1 including laws concerning wages and hours1 labor relations1 family and medical leave1 occupational safety and health1 and nondiscrimination4 7c7 ,approval and allotment of funds 7#a7 ,entitlement communities ,within #cj days of receipt of a statement submitted under subsection 7a77#b77;,a7 by unit of general local government that is an entitlement community1 the ,secretary shall allot to the unit the amount of funds requested by the unit for a fiscal year1 not to exceed the total amount of funds available to be allotted under section #ajb7;b77#a7 to the unit for such fiscal year4 7#b7 ,nonentitlement areas 7,a7 ,approval by the secretary ,within #cj days of receipt of a statement submitted under subsection 7a77#c77;,b7 by a ,state with respect to a unit of general local government located in a nonentitlement area1 or a community-based organization to provide services or functions that are not customarily provided by a unit of general local government located in a nonentitlement area1 for a fiscal year1 the ,secretary shall allot to the ,state the amount of funds requested by the ,state for such unit or organization for such fiscal year1 not to exceed the total amount of funds available to be allotted under section #ajb7;b77#b7 to the ,state for such fiscal year4 7,b7 ,state allotment of funds ,not later than #ae days after receiving an allotment of funds from the ,secretary under subparagraph 7,a71 the ,state shall allot1 in accordance with section #ajb7;c77#b71 all of the funds to the unit or organization for which such funds were provided by the ,secretary under subparagraph 7,a74 7#c7 ,withheld funds ,notwithstanding paragraphs 7#a7 and 7#b71 any funds under this title withheld pursuant to a grievance filed under section #aaj7;b7 shall be withheld until such grievance is resolved4 7d7 ,reallotment of funds 7#a7 ,units ,the funds made available for allotment under this title for a fiscal year for a unit of general local government that is an entitlement community that does not submit1 within #f months after the date the ,secretary posts a notice of allotment under subsection 7a77#a77;,a7 for such unit1 to the ,secretary a statement under subsection 7a7 that indicates an intention to hire at least #a individual under this title for such fiscal year1 shall be made available to be reallotted by the ,secretary for the fiscal year immediately following such fiscal year1 in accordance with the allotment formula under section #ajb7;b77#a74 7#b7 ,states ,the funds made available for allotment under this title for a fiscal year for a ,state that does not submit1 within #f months after the date the ,secretary posts a notice of allotment under subsection 7a77#a77;,a7 for such ,state1 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 year4 #aje4 ,compliance with local laws and contracts2 recruitment requirements 7a7 ,compliance with local laws and contracts ,in hiring individuals for positions funded under this title1 or using funds under this title to continue to provide employee compensation for existing employees1 a unit of general local government or community-based organization shall comply with all applicable ,federal1 ,state1 and local laws1 personnel policies and regulations1 and collective bargaining agreements1 as if such individual was hired1 or such employee compensation was provided1 without assistance under this title4 7b7 ,targeting recruitment efforts ,in recruiting individuals for positions funded under this title1 a unit of general local government or community-based organization shall target recruitment efforts with respect to individuals who-- 7#a7 have been in receipt of unemployment compensation for at least #be weeks2 7#b7 have exhausted unemployment compensation within the last #b years2 7#c7 are veterans2 or 7#d7 are unemployed individuals who are not eligible to receive unemployment compensation because they do not have sufficient wages to meet the minimum qualifications for such compensation4 7c7 ,bonus grants 7#a7 ,in general ,from the amounts made available under paragraph 7#b71 the ,secretary may award a grant to each unit of general local government and each community-based organization where at least #ae percent of the individuals hired for a position under this title by such unit or organization for a fiscal year are individuals described in subsection 7b74 7#b7 ,authorization of ,appropriations ,there are authorized to be appropriated #ajj1jjj1jjj to carry out this subsection for each fiscal year4 #ajf4 ,employment status and compensation 7a7 ,employee status ,an individual hired for a position funded under this title shall-- 7#a7 be considered an employee of the unit of general local government1 or community-based organization1 by which such individual was hired2 and 7#b7 receive the same employee compensation1 have the same rights and responsibilities and job classifications1 and be subject to the same job standards1 employer policies1 and collective bargaining agreements as if such individual was hired without assistance under this title4 7b7 ,limit on number of executive1 administrative1 or professional positions 7#a7 ,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-- 7,a7 not more than #bj percent shall be in a bona fide executive1 administrative1 or professional capacity2 and 7,b7 at least #hj percent shall not be in a bona fide executive1 administrative1 or professional capacity4 7#b7 ,definitions ,for purposes of this subsection1 the terms bona fide executive1 bona fide administrative2 and bona fide professional1 when used in relation to capacity1 shall have the meanings given such terms under section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a774 7c7 ,total ,amount of ,compensation ,for each fiscal year for which funds are appropriated to carry out this title1 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 by such unit or organization1 as appropriate1 for such fiscal year under this title4 7d7 ,limit on period of employment ,notwithstanding any agreement or other provision of law 7other than those provisions of law pertaining to civil rights in employment71 a unit of general local government or community-based organization shall not be obligated to employ the individuals hired under this title or retain the positions filled by such individuals beyond the period for which the unit or organization receives funding under this title4 #ajg4 ,nondisplacement 7a7 ,nondisplacement of existing employees 7#a7 ,in general ,except as provided under section #ajb7;c77#b77;,a77i7 and #ajc7;a77#b71 a unit of general local government or community-based organization may not employ an individual for a position funded under this title1 if-- 7,a7 employing such individual will result in the layoff or partial displacement 7such as a reduction in hours1 wages1 or employee benefits7 of an existing employee1 as of the date of employing such individual1 of the unit or organization2 or 7,b7 such individual will perform the same or substantially similar work that had previously been performed by an employee of the unit or organization who-- 7i7 has been laid off or partially displaced 7as such term is described in subparagraph 7,a772 and 7ii7 has not been offered by the unit or organization1 to be restored to the position the employee had immediately prior to being laid off or partially displaced4 7#b7 ,elimination of position ,for the purposes of this subsection1 a position shall be considered to have been eliminated by a unit of general local government or community-based organization if the position has remained unfilled and the unit or organization has not sought to fill such position for at least a period of one month4 7#c7 ,promotional opportunities ,an individual may not be hired for a position funded under this title in a manner that infringes upon the promotional opportunities of an existing employee 7as of the date of such hiring7 of a unit or organization receiving funding under this title4 7b7 ,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 organization4 #ajh4 ,reporting requirements 7a7 ,entitlement community ,a unit of general local government that is an entitlement community that receives funds under this title shall submit1 every #ij days during the period the unit receives such funds1 to the ,secretary1 a report that provides-- 7#a7 the status of the unit's compliance with the statement submitted by the unit under section #ajd7;a77#b77;,a72 and 7#b7 the status of the compliance of any community-based organization that receives funds from the unit pursuant to this title with the statement submitted by the organization under section #ajd7;a77#b77;,b74 7b7 ,nonentitlement area 7#a7 ,units and organizations ,a unit of general local government located in a nonentitlement area of a ,state that is receiving funds under this title1 or a community-based organization that is providing services in a nonentitlement area of such ,state1 shall submit1 every #ij days during the period the unit or organization receives funds from the ,state pursuant to this title1 to the ,state1 a report that provides the status of the compliance of the unit or organization with the statements submitted under section #ajd7;a77#c77;,a74 7#b7 ,states ,a ,state shall submit1 every #ij days during the period the ,state receives funds under this title1 to the ,secretary1 a report containing the information received under paragraph 7#a74 7c7 ,posting of reports ,upon receiving the reports submitted under subsections 7a7 and 7b77#b71 the ,secretary shall post on a publicly accessible ,web site of the ,department of ,labor such reports4 #aji4 ,auditing by the secretary ,the ,secretary shall perform random1 periodic audits to determine compliance with this title4 #aaj4 ,dispute resolutions1 ,whistleblower hotline1 and ,enforcement by the ,secretary 7a7 ,establishment of arbitration procedure 7#a7 ,in general ,each unit of general local government that is an entitlement community and each ,state that receives funding under this title shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections 7b7 and 7c74 7#b7 ,written grievances 7,a7 ,in general ,if an employee 7or an employee representative7 wishes to use the arbitration procedure described in this subsection1 such party shall file a written grievance within the time period required under subsection 7b7 or 7c71 as applicable1 simultaneously with the chief executive officer of a unit or ,state involved in the dispute and the ,secretary4 7,b7 ,in-person meeting ,not later than #aj days after the date of the filing of the grievance1 the chief executive officer 7or the designee of the chief executive officer7 shall have an in-person meeting with the party to resolve the grievance4 7#c7 ,arbitration 7,a7 ,submission ,if the grievance is not resolved within the time period described in paragraph 7#b77;,b71 a party1 by written notice to the other party involved1 may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties4 7,b7 ,appointment by ,secretary ,if the parties cannot agree on an arbitrator within #e days of submitting the grievance to binding arbitration under subparagraph 7,a71 one of the parties may submit a request to the ,secretary to appoint a qualified and independent arbitrator4 ,the ,secretary shall appoint a qualified and independent arbitrator within #ae days after receiving the request4 7,c7 ,hearing ,unless the parties mutually agree otherwise1 the arbitrator shall conduct a hearing on the grievance and issue a decision not later than #cj days after the date such arbitrator is selected or appointed4 7,d7 ,costs 7i7 ,in general ,except as provided in clause 7ii71 the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration4 7ii7 ,exception ,if a grievant prevails under an arbitration proceeding1 the unit of general local government or ,state involved in the dispute shall pay the cost of such proceeding1 including attorneys' fees4 7b7 ,disputes concerning the allotment of funds 7#a7 ,in general ,in the case of a dispute as to whether-- 7,a7 a unit of general local government that is an entitlement community improperly requested funds under this title by requesting such funds for services or functions to be provided by a community-based organization that are customarily provided by the unit2 or 7,b7 a ,state improperly requested fund under this title by requesting such funds for services or functions to be provided by a community-based organization in a nonentitlement area of the ,state that are customarily provided by the unit located in such area1 an employee or employee representative of the unit or ,state may file a grievance under subsection 7a7 not later than #ae days after public notice of an intent to submit a statement under section #ajd7;a7 is published in accordance with paragraph 7#a77;,c7 of such section4 7#b7 ,secretarial duties ,upon receiving a copy of the grievance1 the ,secretary shall withhold the funds subject to such grievance1 unless and until the grievance is resolved under subsection 7a71 by the parties or an arbitrator in favor of providing such funding4 7c7 ,all other disputes 7#a7 ,in general ,in the case of a dispute not covered under subsection 7b7 concerning compliance with the requirements of this title by a unit of general local government that is an entitlement community1 ,state1 or community-based organization receiving funds under this title1 an employee or employee representative of the unit or ,state may file a grievance under subsection 7a7 not later than #ij days after the dispute arises4 ,in such cases1 an arbitrator may award such remedies as are necessary to make the grievant whole1 including the reinstatement of a displaced employee or the payment of back wages1 and may submit recommendations to the ,secretary to ensure further compliance with the requirements of this title1 including recommendations to suspend or terminate funding1 or to require the repayment of funds received under this title during any period of noncompliance4 7#b7 ,existing grievance procedures ,a party to a dispute described in paragraph 7#a7 may use the existing grievance procedure of a unit or ,state involved in such dispute1 or the arbitration procedure described in this subsection1 to resolve such dispute4 7d7 ,party defined ,for purposes of subsections 7a71 7b71 and 7c71 the term party means an employee1 employee representative1 unit of general local government1 or ,state1 involved in a dispute described in subsection 7b7 or 7c74 7e7 ,whistleblower ,hotline2 ,enforcement by the ,secretary 7#a7 ,whistleblower hotline ,the ,secretary shall post on a publicly accessible ,internet ,web site of the ,department of ,labor the contact information for reporting noncompliance with this title by a ,state1 unit of general local government1 community-based organization1 or individual receiving funding under this title4 7#b7 ,enforcement by the ,secretary 7,a7 ,in general ,if the ,secretary receives a complaint alleging noncompliance with this title1 the ,secretary may conduct an investigation and after notice and an opportunity for a hearing1 may order such remedies as the ,secretary determines appropriate1 including-- 7i7 withholding further funds under this title to a noncompliant entity2 7ii7 requiring the entity to make an injured party whole2 or 7iii7 requiring the entity to repay to the ,secretary any funds received under this title during any period of noncompliance4 7,b7 ,definition ,for purposes of this paragraph1 the term entity means ,state1 unit of general local government1 community-based organization1 or individual4 7,c7 ,recommendation by an arbitrator ,a remedy described in subparagraph 7,a7 may also be ordered by the ,secretary upon recommendation by an arbitrator appointed or selected under this section4 #aaa4 ,authorization of appropriations and appropriations ,there are authorized to be appropriated and there are appropriated 7in addition to any other amounts appropriated to carry out this title and out of any money in the ,treasury not otherwise appropriated7 such amounts as may be necessary to carry out this title1 except for section #aje7;c71 for each fiscal year4 #aab4 ,definitions ,in this title3 7#a7 ,in general ,the terms city2 extent of poverty2 metropolitan city2 urban county2 nonentitlement area2 population2 and ,state have the meanings given the terms in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7#b7 ,benefits ,the term benefits has the meaning given the term employment benefits in section #aja of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa74 7#c7 ,community-based organization ,the term community-based organization means a private nonprofit organization that-- 7,a7 is representative of a community within a unit of general local government or a significant segment of the community2 and 7,b7 has demonstrated expertise and effectiveness in providing services or functions to the community not customarily provided by the unit4 7#d7 ,employee compensation ,the term employee compensation includes wages and benefits4 7#e7 ,entitlement communities ,the term entitlement communities includes metropolitan cities and urban counties4 7#f7 ,indian ,tribe ,the term ,indian tribe has the meaning given the term in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b7e774 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#h7 ,supportive services ,the term supportive services means services such as transportation and child care that are necessary to enable an individual to be employed in a position funded under this title4 7#i7 ,unemployed individual ,the term unemployed individual has the meaning given such term in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja74 7#aj7 ,unit of general local government ,the term unit of general local government means any city1 county1 town1 township1 parish1 village1 or other general purpose political subdivision of a ,state2 ,guam1 the ,northern ,mariana ,islands1 the ,virgin ,islands1 and ,american ,samoa1 or a general purpose political subdivision thereof2 a combination of such political subdivisions that is recognized by the ,secretary2 and the ,district of ,columbia4 7#aa7 ,veteran ,the term veteran has the meaning given such term in section #aja of the ,workforce ,investment ,act 7#bi ,u4,s4,c4 #bhja74 7#ab7 ,wage ,the term wage has the meaning given such term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 ,,ii ,education ,jobs ,fund #bja4 ,education ,jobs ,funds ,there are authorized to be appropriated and there are appropriated out of any money in the ,treasury not otherwise obligated for necessary expenses for an ,education ,jobs ,fund1 #bc1jjj1jjj1jjj3 ,provided1 ,that the amount under this heading shall be administered under the terms and conditions of sections #adjja through #adjac and title ,,xv of division ,a of the ,american ,recovery and ,reinvestment ,act of #bjji 7,public ,law #aaa-e7 except as follows3 7#a7 ,allocation of funds 7,a7 ,funds appropriated under this heading shall be available only for allocation by the ,secretary of ,education 7in this heading referred to as the ,secretary7 in accordance with subsections 7a71 7b71 7d71 7e71 and 7f7 of section #adjja of division ,a of ,public ,law #aaa-e and subparagraph 7,b7 of this paragraph1 except that the amount reserved under such subsection 7b7 shall not exceed #a1jjj1jjj and such subsection 7f7 shall be applied by substituting #a year for #b years4 7,b7 ,prior to allocating funds to ,states under section #adjja7;d7 of division ,a of ,public ,law #aaa-e1 the ,secretary shall allocate #j4e percent to the ,secretary of the ,interior for schools operated or funded by the ,bureau of ,indian ,affairs on the basis of the schools' respective needs for activities consistent with this heading under such terms and conditions as the ,secretary of the ,interior may determine4 7#b7 ,reservation ,a ,state that receives an allocation of funds appropriated under this heading may reserve not more than #b percent for the administrative costs of carrying out its responsibilities with respect to those funds4 7#c7 ,awards to local educational agencies 7,a7 ,except as specified in paragraph 7#b71 an allocation of funds to a ,state shall be used only for awards to local educational agencies for the support of elementary and secondary education in accordance with paragraph 7#e7 for the #bjac-bjad school year4 7,b7 ,funds used to support elementary and secondary education shall be distributed through a ,state's primary elementary and secondary funding formula or based on local educational agencies' relative shares of funds under part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa et seq47 for the most recent fiscal year for which data are available4 7,c7 ,subsections 7a7 and 7b7 of section #adjjb of division ,a of ,public ,law #aaa-e shall not apply to funds appropriated under this heading4 7#d7 ,compliance with education reform assurances ,for purposes of awarding funds appropriated under this heading1 any ,state that had an approved application for ,phase ,,ii of the ,state ,fiscal ,stabilization ,fund that was submitted in accordance with the application notice published in the ,federal ,register on ,november #ag1 #bjji 7#gd ,fed4 ,reg4 #eiadb7 shall be deemed to be in compliance with subsection 7b7 and paragraphs 7#b7 through 7#e7 of subsection 7d7 of section #adjje of division ,a of ,public ,law #aaa-e4 7#e7 ,requirement to use funds to retain or create education jobs ,notwithstanding section #adjjc7;a7 of division ,a of ,public ,law #aaa-e1 funds awarded to local educational agencies under paragraph 7#c7-- 7,a7 may be used only for compensation and benefits and other expenses1 such as support services1 necessary to retain existing employees1 to recall or rehire former employees1 and to hire new employees1 in order to provide early childhood1 elementary1 or secondary educational and related services2 and 7,b7 may not be used for general administrative expenses or for other support services expenditures as those terms were defined by the ,national ,center for ,education ,statistics in its ,common ,core of ,data as of the date of enactment of this title4 7#f7 ,prohibition on use of funds for rainy-day funds or debt retirement ,a ,state that receives an allocation may not use such funds1 directly or indirectly1 to-- 7,a7 establish1 restore1 or supplement a rainy-day fund2 7,b7 supplant ,state funds in a manner that has the effect of establishing1 restoring1 or supplementing a rainy-day fund2 7,c7 reduce or retire debt obligations incurred by the ,state2 or 7,d7 supplant ,state funds in a manner that has the effect of reducing or retiring debt obligations incurred by the ,state4 7#g7 ,deadline for award ,the ,secretary shall award funds appropriated under this heading not later than #de days after the date of the enactment of this ,act to ,states that have submitted applications meeting the requirements applicable to funds under this heading4 ,the ,secretary shall not require information in applications beyond what is necessary to determine compliance with applicable provisions of law4 7#h7 ,alternate distribution of funds ,if1 within #cj days after the date of the enactment of this ,act1 a ,governor has not submitted an approvable application1 the ,secretary shall provide for funds allocated to that ,state to be distributed to another entity or other entities in the ,state 7notwithstanding section #adjja7;e7 of division ,a of ,public ,law #aaa-e7 for support of elementary and secondary education1 under such terms and conditions as the ,secretary may establish1 provided that all terms and conditions that apply to funds appropriated under this heading shall apply to such funds distributed to such entity or entities4 ,no distribution shall be made to a ,state under this paragraph1 however1 unless the ,secretary has determined 7on the basis of such information as may be available7 that the requirements of clauses 7i71 7ii71 or 7iii7 of paragraph #aj7;,a7 are likely to be met1 notwithstanding the lack of an application from the ,governor of that ,state4 7#i7 ,local educational agency application ,section #ddb of the ,general ,education ,provisions ,act shall not apply to a local educational agency that has previously submitted an application to the ,state under title ,,xiv of division ,a of ,public ,law #aaa-e4 ,the assurances provided under that application shall continue to apply to funds awarded under this heading4 7#aj7 ,maintenance of effort 7,a7 ,except as provided in paragraph 7#h71 the ,secretary shall not allocate funds to a ,state under paragraph 7#a7 unless the ,governor of the ,state provides an assurance to the ,secretary that-- 7i7 for ,state fiscal year #bjad1 the ,state will maintain ,state support for elementary and secondary education 7in the aggregate or on the basis of expenditures per pupil7 and for public institutions of higher education 7not including support for capital projects or for research and development or tuition and fees paid by students7 at not less than the level of such support for each of the two categories1 respectively1 for ,state fiscal year #bjji2 7ii7 for ,state fiscal year #bjad1 the ,state will maintain ,state support for elementary and secondary education and for public institutions of higher education 7not including support for capital projects or for research and development or tuition and fees paid by students7 at a percentage of the total revenues available to the ,state that is equal to or greater than the percentage provided for each of the two categories1 respectively1 for ,state fiscal year #bjaj2 or 7iii7 in the case of a ,state in which ,state tax collections for calendar year #bjji were less than ,state tax collections for calendar year #bjjf1 for ,state fiscal year #bjad the ,state will maintain ,state support for elementary and secondary education 7in the aggregate7 and for public institutions of higher education 7not including support for capital projects or for research and development or tuition and fees paid by students7-- 7,i7 at not less than the level of such support for each of the two categories1 respectively1 for ,state fiscal year #bjjf2 or 7,,ii7 at a percentage of the total revenues available to the ,state that is equal to or greater than the percentage provided for each of the two categories1 respectively1 for ,state fiscal year #bjjf4 7,b7 ,section #adjje7;d77#a7 and subsections 7a7 through 7c7 of section #adjab of division ,a of ,public ,law #aaa-e shall not apply to funds appropriated under this heading4 ,,iii ,law ,enforcement and ,firefighter ,jobs #cja4 ,appropriation ,the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 and for the following purposes1 namely3 ,department of ,justice ,community ,oriented ,policing ,services 7,including ,transfer of ,funds7 ,for an additional amount for ,community ,oriented ,policing ,services1 for grants under section #agja of title ,i of the #aifh ,omnibus ,crime ,control and ,safe ,streets ,act 7#db ,u4,s4,c4 #cgif;dd7 for hiring and rehiring of additional career law enforcement officers under part ,q of such title1 notwithstanding subsection 7i7 of such section1 #a1agi1jjj1jjj1 of which #b1iej1jjj shall be transferred to ,state and ,local ,law ,enforcement ,activities1 ,salaries and ,expenses for management1 administration and oversight of such grants4 ,department of ,homeland ,security ,federal ,emergency ,management ,agency ,firefighter ,assistance ,grants ,for an additional amount for ,firefighter ,assistance ,grants for necessary expenses for programs authorized by section #cd of the ,federal ,fire ,prevention and ,control ,act of #aigd 7#ae ,u4,s4,c4 #bbbi;a71 #ejj1jjj1jjj3 ,provided1 ,that notwithstanding any provision under section #cd7;a77#a77;,a7 of such ,act specifying that grants must be used to increase the number of firefighters in fire departments1 the ,secretary of ,homeland ,security1 in making grants under section #cd of such ,act for fiscal year #bjad1 shall grant waivers from the requirements of subsections 7a77#a77;,b71 7c77#a71 7c77#b71 and 7c77#d77;,a7 of such section3 ,provided further1 ,that section #cd7;a77#a77;,e7 of such ,act shall not apply with respect to funds appropriated in this or any other ,act making appropriations for fiscal year #bjad for grants under section #cd of such ,act3 ,provided further1 ,that the ,secretary of ,homeland ,security1 in making grants under section #cd of such ,act1 shall ensure that funds appropriated under this or any other ,act making appropriations for fiscal year #bjad are made available for the retention of firefighters and shall award grants not later than #abj days after the date of enactment of this ,act3 ,provided further1 ,that the ,secretary may transfer any unused funds under this heading to make grants for programs authorized by section #cc of such ,act 7#ae ,u4,s4,c4 #bbbi7 after notification to the ,committees on ,appropriations of the ,senate and the ,house of ,representatives4 ,,iv ,on-the-job ,training #dja4 ,appropriation ,the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 and for the following purposes1 namely3 ,department of ,labor ,employment and ,training ,administration ,training and ,employment ,services ,for an additional amount for ,training and ,employment ,services for activities under the ,workforce ,investment ,act of #aiih 7,,wia71 #ejj1jjj1jjj which shall be available for obligation on the date of enactment of this ,act1 ,provided1 ,that such funds shall be used solely for on-the-job training 7as such term is defined in section #aja7ca7 of the ,,wia73 ,provided further1 ,that #bej1jjj1jjj of such amount shall be for such on-the-job training for individuals who reside in local areas that-- 7#a7 have a poverty rate of #ab percent or more for each ,public ,use ,microdata ,area 7,,puma7 in such local area2 or 7#b7 have an unemployment rate that is #b percent higher than the national unemployment rate4