HomeMy WebLinkAboutMINUTES - 04132010 - C.47RECOMMENDATION(S):
SUPPORT H.R. 4812 (Representative Miller), the Local Jobs for America Act, a bill that
would provide cities and counties with flexible and direct fiscal assistance focused on
saving and creating jobs, as recommended by Supervisor Susan A. Bonilla.
FISCAL IMPACT:
The bill would provide $75 billion over two years ($37.5 billion in year one, and $37.5
billion in year two).
The distribution mechanism is based on the Community Development Block Grant (CDBG)
– with every city/county with a population of 50,000 or more receiving direct funding.
This program has no local match requirements.
BACKGROUND:
Our nation is going through one of the most difficult economic times in
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/13/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 5-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 13, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 47
To:Board of Supervisors
From:Supervisor Susan A. Bonilla
Date:April 13, 2010
Contra
Costa
County
Subject:Support Position on H.R. 4812 (Miller): Local Jobs for America Act
BACKGROUND: (CONT'D)
its history. There is an emphasis at every level of government to do everything possible
to help create jobs for those who are struggling to support their families. At the same
time, the recession is forcing states and municipalities to cut jobs that are critically
important – teachers, police, firefighters, child welfare workers, and others.
On March 10, 2010, Congressman George Miller (D-Martinez) introduced the Local Jobs
for America Act. The bill is intended to provide the economy with a boost by putting a
million people to work by restoring these services in local communities.
Some key details of the bill are as follows:
• The U.S. Department of Labor would administer the program.
• The bill would provide $75 billion over two years ($37.5 billion in year one and $37.5
billion in year two).
• The distribution mechanism is based on the Community Development Block Grant
(CDBG) – with every county/city with a population of 50,000 or more receiving DIRECT
FUNDING.
• Like CDBG, 70 percent would be for direct entitlement cities, and 30 percent would be
for state pass-through.
• The formula is not the same as CDBG. This formula is based on the number of
unemployed (50 percent), poverty (25 percent), and population (25 percent).
• Each county/city could use up to 50 percent to retain employees that might otherwise
have to be let go because of budget shortfalls.
• Up to 25 percent can be given by a county/city to local community based organizations
that help provide needed services to hire people.
• Up to 25 percent can be for hiring new county/city employees, or rehiring those
recently let go if desired by a county/city. However, there is no requirement that a
county/city use this part of the program if it does not wish to hire or rehire employees.
• A county/city can use 5 percent of funding for administration of the program.
• This program has NO LOCAL MATCH requirement.
• There is no requirement to keep employees once the money ends. There would be two
years of funding, and then it would be up to the county/city to either keep or not keep the
new employees based on need and local budgets.
• Employees would have to be hired full time with benefits, under existing contracts or
agreements. The federal funding can be used to cover all costs, including salaries and
benefits.
• There is no cap on per-employee costs, however no more than 20 percent of the funds
can be used for management employees.
• The bill also provides $23 billion to help states support an estimated 250,000 education
jobs; and provides $1.18 billion to put 5,500 law enforcement officers on the beat; and
$500 million to hire and retain fire fighters.
• And, the bill provides $500 million for approximately 50,000 additional on-the-job
training positions slots to help private business expand employment.
ATTACHMENTS
HR 4812 text
.....................................................................
(Original Signature of Member)
111TH CONGRESS
2D SESSION H. R. ll
To provide funds to States, units of general local government, and community-
based organizations to save and create local jobs through the retention,
restoration, or expansion of services needed by local communities, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. GEORGE MILLER of California (for himself and [see ATTACHED LIST of
cosponsors]) introduced the following bill; which was referred to the Com-
mittee on lllllllllllllll
A BILL
To provide funds to States, units of general local govern-
ment, and community-based organizations to save and
create local jobs through the retention, restoration, or
expansion of services needed by local communities, and
for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Local Jobs for America 4
Act’’. 5
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TITLE I—LOCAL COMMUNITY 1
JOBS 2
SEC. 101. STABILIZATION FUNDING FOR LOCAL JOBS. 3
From the amount appropriated under section 111, 4
the Secretary, acting through the Employment and Train-5
ing Administration of the Department of Labor and in 6
consultation with the Secretary of Housing and Urban De-7
velopment, shall provide funds to States, units of general 8
local government, and community-based organizations to 9
save and create local jobs through the retention, restora-10
tion, or expansion of services needed by local communities. 11
SEC. 102. ALLOTMENT FORMULA. 12
(a) RESERVATIONS BY THE SECRETARY.—Of the 13
amount appropriated under section 111 for each fiscal 14
year, the Secretary may reserve— 15
(1) not more than 1 percent to administer this 16
title; 17
(2) not more than 0.5 percent to award grants, 18
on a competitive basis, to Indian tribes for purposes 19
of this title. 20
(b) MAKING FUNDS AVAILABLE FOR ALLOTMENT BY 21
THE SECRETARY.—Of the amounts appropriated under 22
section 111 and not reserved under subsection (a), the 23
Secretary shall make available for allotment the amounts 24
for each fiscal year as follows: 25
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(1) Seventy percent to entitlement communities, 1
of which the Secretary shall make available for allot-2
ment— 3
(A) 25 percent to each entitlement commu-4
nity in an amount which bears the same ratio 5
to the total amount made available under this 6
subparagraph as the population of the entitle-7
ment community bears to the total population 8
of all entitlement communities; 9
(B) 25 percent to each entitlement commu-10
nity in an amount which bears the same ratio 11
to the total amount made available under this 12
subparagraph as the extent of poverty in the 13
entitlement community bears to the extent of 14
poverty in all entitlement communities; and 15
(C) 50 percent to each entitlement commu-16
nity in an amount which bears the same ratio 17
to the total amount made available under this 18
subparagraph as the number of unemployed in-19
dividuals in the entitlement community bears to 20
the total number of unemployed individuals in 21
all entitlement communities. 22
(2) Thirty percent to States, of which the Sec-23
retary shall make available for allotment— 24
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(A) 25 percent to each State in an amount 1
which bears the same ratio to the total amount 2
made available under this subparagraph as the 3
population of the State bears to the total popu-4
lation of all States; 5
(B) 25 percent to each State in an amount 6
which bears the same ratio to the total amount 7
made available under this subparagraph as the 8
extent of poverty in the State bears to the ex-9
tent of poverty in all States; and 10
(C) 50 percent to each State in an amount 11
which bears the same ratio to the total amount 12
made available under this subparagraph as the 13
number of unemployed individuals in the State 14
bears to the total number of unemployed indi-15
viduals in all States. 16
(c) RESERVATION AND ALLOTMENTS BY STATES.— 17
(1) RESERVATION.—Of the amount of funds al-18
lotted to a State under section 104(c)(1)(A) for each 19
fiscal year, a State may reserve not more than 2 20
percent for administrative purposes. 21
(2) ALLOTMENTS BY STATES.— 22
(A) IN GENERAL.—A State shall provide 23
all of the funds allotted to the State under sec-24
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tion 104(c)(1)(A) that are not reserved under 1
paragraph (1) as follows: 2
(i) Not more than 50 percent of the 3
funds to units of general local government 4
located in nonentitlement areas of the 5
State to continue to provide employee com-6
pensation to employees employed by the 7
unit, as of the date of the enactment of 8
this Act, in positions that— 9
(I) provide local public services 10
for the unit; and 11
(II) would otherwise be termi-12
nated or reduced as a result of fiscal 13
constraints of such unit. 14
(ii) Not more than 50 percent of the 15
remainder of the funds (after allotting 16
funds under clause (i)) to community- 17
based organizations to employ individuals 18
newly hired or employed under a contract 19
entered into after the date of the enact-20
ment of this Act to provide services or 21
functions that are not customarily provided 22
by a unit of general local government lo-23
cated in a nonentitlement area of the State 24
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where such services or functions will be 1
provided by the organization. 2
(iii) All of the remainder of the funds 3
(after allotting funds under clauses (i) and 4
(ii)) to units of general local government 5
located in nonentitlement areas of the 6
State to provide employee compensation to 7
individuals newly hired to carry out the 8
local public services described in subclauses 9
(I) and (II) of section 104(c)(1)(B)(i) for 10
the unit. 11
(B) ALLOTMENTS.—In allotting funds 12
under subparagraph (A) for a fiscal year, a 13
State shall— 14
(i) subject to clause (i), provide to 15
units of general local government and com-16
munity-based organizations located in a 17
non-entitlement area of a Congressional 18
district of the State not less than an 19
amount of funds that bears the same ratio 20
to the total amount made available to be 21
allotted to the State under section 22
102(b)(2) for such fiscal year as the popu-23
lation of the nonentitlement area of the 24
Congressional district bears to the total 25
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population of all nonentitlement areas of 1
the State; 2
(ii) if the total amount of funds allot-3
ted by the Secretary to a State under sec-4
tion 104(c)(1)(A) on behalf of units of 5
general local government and community- 6
based organizations located in the non-7
entitlement area of a Congressional district 8
of the State is less than the amount to be 9
provided to the units and organizations 10
under clause (i) for such fiscal year, pro-11
vide to the units and organizations an 12
amount of funds equal to the amount of 13
funds so allotted for such fiscal year; and 14
(iii) consult with local elected officials 15
from among units of general local govern-16
ment located in nonentitlement areas of 17
such State in determining the method of 18
allotment of such funds. 19
(d) RULE FOR PROVIDING FUNDS TO COMMUNITY- 20
BASED ORGANIZATIONS.—In providing funds under this 21
Act to community-based organizations, a unit of general 22
local government or State shall, to the extent practicable, 23
give priority to community-based organizations that will 24
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provide services or functions in accordance with this Act 1
to— 2
(1) public use microdata areas that have a pov-3
erty rate of 12 percent or more; or 4
(2) units of general local government that have 5
an unemployment rate that is 2 percent higher than 6
the national unemployment rate. 7
SEC. 103. USES OF FUNDS BY UNITS OF GENERAL LOCAL 8
GOVERNMENT AND COMMUNITY-BASED OR-9
GANIZATIONS. 10
(a) ENTITLEMENT COMMUNITIES.—Of the amount of 11
funds received under section 104(c)(2) for each fiscal year, 12
a unit of general local government that is an entitlement 13
community— 14
(1) may use not more than 5 percent for ad-15
ministrative purposes; 16
(2) may use up to 50 percent of the remainder 17
of such funds (after using the funds pursuant to 18
paragraph (1)) to continue to provide employee com-19
pensation to employees employed by the unit, as of 20
the date of the enactment of this Act, in positions 21
that— 22
(A) provide local public services for the 23
unit; and 24
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(B) would otherwise be terminated or re-1
duced as a result of fiscal constraints of such 2
unit; 3
(3) may provide up to 50 percent of the remain-4
der of such funds (after using the funds pursuant to 5
paragraphs (1) and (2)) to community-based organi-6
zation to employ individuals newly hired or employed 7
under a contract entered into after the date of the 8
enactment of this Act to provide services or func-9
tions that are not customarily provided by the unit, 10
of which— 11
(A) not less than 93 percent shall be used 12
to provide employee compensation to such indi-13
viduals; 14
(B) not more than 5 percent may be used 15
by the organization for supportive services; and 16
(C) not more than 2 percent may be used 17
by the organization for administrative purposes; 18
and 19
(4) shall use all of the remainder of such funds 20
(after using the funds pursuant to paragraphs (1) 21
through (3)), to the extent that the unit determines 22
that it has a need for additional employees, to pro-23
vide employee compensation to individuals newly 24
hired by the unit to carry out the local public serv-25
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ices described in subclauses (I) and (II) of section 1
104(c)(1)(B)(i) for the unit. 2
(b) NONENTITLEMENT AREAS.—Of the amount of 3
funds received under section 104(c)(2)(B) for each fiscal 4
year— 5
(1) a unit of general local government that is 6
located in a nonentitlement area of a State— 7
(A) may use not more than 2 percent for 8
administrative purposes; and 9
(B) shall use all of the remainder of such 10
funds (after using the funds pursuant to sub-11
paragraph (A)) to provide employee compensa-12
tion to individuals described in clause (i) or (iii) 13
of section 102(c)(2)(A), as determined by the 14
State; and 15
(2) a community-based organization— 16
(A) shall use not less than 93 percent to 17
provide employee compensation to individuals 18
described in section 102(c)(2)(A)(ii); 19
(B) may use up to 5 percent for supportive 20
services; and 21
(C) may use up to 2 percent for adminis-22
trative purposes. 23
(c) FUNDED POSITIONS; CONSULTATION BY CHIEF 24
EXECUTIVE OFFICERS.— 25
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(1) FUNDED POSITIONS.— 1
(A) FULL-TIME, FULL-YEAR EMPLOY-2
MENT.— 3
(i) IN GENERAL.—An individual hired 4
under this title by a unit of general local 5
government or community-based organiza-6
tion shall fill a position that offers full- 7
time, full-year employment. 8
(ii) DEFINITIONS.—For purposes of 9
this subparagraph— 10
(I) the term ‘‘full-time’’ when 11
used in relation to employment has 12
the meaning already established or, if 13
the meaning has not been established, 14
determined to be appropriate for pur-15
poses of this title, by the unit of gen-16
eral local government or community- 17
based organization hiring an indi-18
vidual under this title; and 19
(II) the term ‘‘full-year’’ when 20
used in relation to employment means 21
a position that provides employment 22
for a 12-month period, except that in 23
the case of a position that provides a 24
service required by a unit or organiza-25
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tion for only the duration of a school 1
year, the term means a position that 2
provides employment for such dura-3
tion. 4
(B) SERVICES FOR UNITS.—An individual 5
hired under this title— 6
(i) by a unit of general local govern-7
ment, shall fill a position to assist the unit 8
in— 9
(I) restoring local public services 10
terminated within the preceding 5 11
years; 12
(II) expanding existing local pub-13
lic services; or 14
(III) retaining local public serv-15
ices that would otherwise be reduced 16
as a result of the fiscal constraints of 17
such unit; or 18
(ii) by a community-based organiza-19
tion, shall fill a position to provide services 20
or functions that are not customarily pro-21
vided by a unit of general local government 22
where such services or functions will be 23
provided by the organization. 24
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(2) CONSULTATION BY CHIEF EXECUTIVE OFFI-1
CERS.—A chief executive officer of a unit of general 2
local government shall consult with the local commu-3
nity and labor organizations representing employees 4
of such unit in determining the positions that should 5
be funded under this title for such unit for each fis-6
cal year. 7
SEC. 104. STATEMENTS OF NEED; APPROVAL AND ALLOT-8
MENT OF FUNDS. 9
(a) SUBMISSION OF STATEMENTS; NOTICE OF AL-10
LOTMENT AND INTENT.— 11
(1) IN GENERAL.— 12
(A) NOTICE OF ALLOCATION.—The Sec-13
retary shall post on a publicly accessible Inter-14
net website of the Department of Labor, the 15
total amount of funds made available for allot-16
ment under this title for a fiscal year to each 17
unit of general local government that is an enti-18
tlement community and each State that is eligi-19
ble to receive funds under this title for such fis-20
cal year. 21
(B) SUBMISSION.—In order to receive 22
funds under this title for a fiscal year for which 23
funds are appropriated to carry out this title, a 24
unit of general local government, community- 25
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based organization, or a State shall submit a 1
statement in accordance with paragraph (2) or 2
(3), as applicable, certifying the information de-3
scribed in subsection (b) for such fiscal year. 4
(C) NOTICE OF INTENT.— 5
(i) IN GENERAL.—Seven days prior to 6
the submission of a statement under sub-7
paragraph (B), a unit of general local gov-8
ernment that is an entitlement community 9
or State shall publish public notice of the 10
intent to submit a statement under such 11
subparagraph, which includes a copy of the 12
statement. 13
(ii) INTERNET WEBSITE.—In pub-14
lishing public notice under clause (i), a 15
unit of general local government or State 16
shall post the notice and information de-17
scribed in such clause on a publicly avail-18
able Internet website of the unit or State, 19
as applicable. 20
(2) ENTITLEMENT COMMUNITIES.— 21
(A) STATEMENTS FROM UNITS.—In order 22
to receive funds under this title for a fiscal year 23
for which funds are appropriated to carry out 24
this title, a unit of general local government 25
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that is an entitlement community shall submit 1
to the Secretary, at such time and in such man-2
ner as determined by the Secretary, a state-3
ment that certifies the information described in 4
subsection (b)— 5
(i) with respect to such unit for such 6
fiscal year; and 7
(ii) with respect to the community- 8
based organizations the unit plans to fund, 9
using funds the unit receives under this 10
title, for such fiscal year. 11
(B) STATEMENTS FROM COMMUNITY- 12
BASED ORGANIZATIONS.—In order to receive 13
funds for a fiscal year from a unit of general 14
local government that is an entitlement commu-15
nity receiving funds for such fiscal year under 16
this title, a community-based organization shall 17
submit to a unit of general local government 18
that is an entitlement community, at such time 19
and in such manner as determined by the unit, 20
a statement certifying the information described 21
in subsection (b) with respect to such organiza-22
tion for such fiscal year. 23
(3) NONENTITLEMENT AREAS.— 24
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(A) STATEMENT FROM UNITS AND ORGA-1
NIZATIONS.—In order to receive funds for a fis-2
cal year from a State receiving funds for such 3
fiscal year under this title, a unit of general 4
local government that is located in a nonentitle-5
ment area of the State, or a community-based 6
organization, shall submit to the State, at such 7
time and in such manner as determined by the 8
State, a statement certifying the information 9
described in subsection (b)— 10
(i) with respect to such unit for such 11
fiscal year; or 12
(ii) with respect to such organization 13
for such fiscal year. 14
(B) STATEMENTS FROM STATES.—After 15
reviewing the statements received under sub-16
paragraph (A) for a fiscal year, a State shall 17
submit to the Secretary, at such time and in 18
such manner as determined by the Secretary, a 19
statement certifying the information described 20
in subsection (b) with respect to the units of 21
general local government and community-based 22
organizations that the State plans to fund, 23
using funds the State receives under this title, 24
for such fiscal year. 25
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(b) INFORMATION CERTIFIED.—A statement sub-1
mitted under subsection (a) shall certify, with respect to 2
a unit of general local government or community-based or-3
ganization, as applicable, the following information: 4
(1) The amount of funds requested by such 5
unit or organization. 6
(2) The number of individuals who will receive 7
employee compensation with such funds. 8
(3) The job titles of, and the amount of em-9
ployee compensation and the employers (units or or-10
ganizations) for, the positions that will be filled by 11
the individuals. 12
(4) Whether the positions will— 13
(A) in the case of employment with a unit, 14
assist in retaining, restoring, or expanding an 15
existing local public service; or 16
(B) in the case of employment with an or-17
ganization, provide services or functions that 18
are not customarily provided by a unit that is 19
an entitlement community, or a unit located in 20
a nonentitlement area of a State, where such 21
services or functions will be provided by the or-22
ganization. 23
(5) The estimated date of hiring for the posi-24
tions. 25
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(6) A statement documenting the need for the 1
services to be carried out by the individuals hired for 2
the positions. 3
(7) In the case of a unit that desires to use 4
funds received under this title to continue to provide 5
employee compensation for existing employees of the 6
unit in accordance with section 102(c)(2)(A)(i) or 7
103(a)(2), a statement documenting the fiscal con-8
straints of the unit that would result in the termi-9
nation or reduction of the positions of such employ-10
ees. 11
(8) A description of the unit’s or organization’s 12
plan to target recruitment efforts for positions fund-13
ed under this title in accordance with section 105(b). 14
(9) An assurance by the unit or organization 15
that the unit or organization will comply with all 16
provisions of this title. 17
(10) An assurance by the unit or organization 18
that the unit or organization will comply with all ap-19
plicable Federal, State, and local labor laws, includ-20
ing laws concerning wages and hours, labor rela-21
tions, family and medical leave, occupational safety 22
and health, and nondiscrimination. 23
(c) APPROVAL AND ALLOTMENT OF FUNDS.— 24
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(1) ENTITLEMENT COMMUNITIES.—Within 30 1
days of receipt of a statement submitted under sub-2
section (a)(2)(A) by unit of general local government 3
that is an entitlement community, the Secretary 4
shall allot to the unit the amount of funds requested 5
by the unit for a fiscal year, not to exceed the total 6
amount of funds available to be allotted under sec-7
tion 102(b)(1) to the unit for such fiscal year. 8
(2) NONENTITLEMENT AREAS.— 9
(A) APPROVAL BY THE SECRETARY.— 10
Within 30 days of receipt of a statement sub-11
mitted under subsection (a)(3)(B) by a State 12
with respect to a unit of general local govern-13
ment located in a nonentitlement area, or a 14
community-based organization to provide serv-15
ices or functions that are not customarily pro-16
vided by a unit of general local government lo-17
cated in a nonentitlement area where such serv-18
ices or functions will be provided by the organi-19
zation, for a fiscal year, the Secretary shall 20
allot to the State the amount of funds re-21
quested by the State for such unit or organiza-22
tion for such fiscal year, not to exceed the total 23
amount of funds available to be allotted under 24
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section 102(b)(2) to the State for such fiscal 1
year. 2
(B) STATE ALLOTMENT OF FUNDS.—Not 3
later than 15 days after receiving an allotment 4
of funds from the Secretary under subpara-5
graph (A), the State shall allot, in accordance 6
with section 102(c)(2), all of the funds to the 7
unit or organization for which such funds were 8
provided by the Secretary under subparagraph 9
(A). 10
(3) WITHHELD FUNDS.—Notwithstanding para-11
graphs (1) and (2)), any funds under this title with-12
held pursuant to a grievance filed under section 13
110(b) shall be withheld until such grievance is re-14
solved. 15
(d) REALLOTMENT OF FUNDS.— 16
(1) UNITS.—The funds made available for allot-17
ment under this title for a fiscal year for a unit of 18
general local government that is an entitlement com-19
munity that does not submit, within 6 months after 20
the date the Secretary publishes a notice of allot-21
ment under subsection (a)(1)(A) for such unit, to 22
the Secretary a statement under subsection (a) that 23
indicates an intention to hire at least 1 individual 24
under this title for such fiscal year, shall be made 25
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available to be reallotted by the Secretary for the fis-1
cal year immediately following such fiscal year, in 2
accordance with the allotment formula under section 3
102(b)(1). 4
(2) STATES.—The funds made available for al-5
lotment under this title for a fiscal year for a State 6
that does not submit, within 6 months after the date 7
the Secretary publishes a notice of allotment under 8
subsection (a)(1)(A) for such State, shall be allotted 9
by the Secretary to units of general local government 10
and community-based organizations located in the 11
nonentitlement area of the State to carry out the 12
purposes of this title for such fiscal year. 13
SEC. 105. COMPLIANCE WITH LOCAL LAWS AND CON-14
TRACTS; RECRUITMENT REQUIREMENTS. 15
(a) COMPLIANCE WITH LOCAL LAWS AND CON-16
TRACTS.—In hiring individuals for positions funded under 17
this title, or using funds under this title to continue to 18
provide employee compensation for existing employees, a 19
unit of general local government or community-based or-20
ganization shall comply with all applicable Federal, State, 21
and local laws, personnel policies and regulations, and col-22
lective bargaining agreements, as if such individual was 23
hired, or such employee compensation was provided, with-24
out assistance under this title. 25
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(b) TARGETING RECRUITMENT EFFORTS.—In re-1
cruiting individuals for positions funded under this title, 2
a unit of general local government or community-based or-3
ganization shall target recruitment efforts with respect to 4
individuals who— 5
(1) have been in receipt of unemployment com-6
pensation for at least 25 weeks; 7
(2) have exhausted unemployment compensa-8
tion within the last 2 years; 9
(3) are veterans; or 10
(4) are unemployed individuals who are not eli-11
gible to receive unemployment compensation because 12
they do not have sufficient wages to meet the min-13
imum qualifications for such compensation. 14
(c) BONUS GRANTS.— 15
(1) IN GENERAL.—From the amounts made 16
available under paragraph (2), the Secretary may 17
award grants to each unit of general local govern-18
ment and each community-based organization where 19
at least 15 percent of the individuals hired for a po-20
sition under this Act for a fiscal year are individuals 21
described in subsection (b). 22
(2) AUTHORIZATION OF APPROPRIATIONS.— 23
There are authorized to be appropriated 24
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$100,000,000 to carry out this subsection for each 1
fiscal year. 2
SEC. 106. EMPLOYMENT STATUS AND COMPENSATION. 3
(a) EMPLOYEE STATUS.—An individual hired for a 4
position funded under this title shall— 5
(1) be considered an employee of the unit of 6
general local government, or community-based orga-7
nization, by which such individual was hired; and 8
(2) receive the same employee compensation, 9
have the same rights and responsibilities and job 10
classifications, and be subject to the same job stand-11
ards, employer policies, and collective bargaining 12
agreements as if such individual was hired without 13
assistance under this title. 14
(b) LIMIT ON NUMBER OF EXECUTIVE, ADMINISTRA-15
TIVE, OR PROFESSIONAL POSITIONS.— 16
(1) UNITS.—Of the total number of positions 17
funded under this title for a fiscal year for each unit 18
of general local government and each community- 19
based organization— 20
(A) not more than 20 percent shall be in 21
a bona fide executive, administrative, or profes-22
sional capacity; and 23
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24
(B) at least 80 percent shall not be in a 1
bona fide executive, administrative, or profes-2
sional capacity. 3
(2) DEFINITIONS.—For purposes of this sub-4
section, the terms ‘‘bona fide executive’’, ‘‘bona fide 5
administrative’’; and ‘‘bona fide professional’’ when 6
used in relation to capacity shall have the meanings 7
given such terms under section 13(a)(1) of the Fair 8
Labor Standards Act of 1938 (29 U.S.C. 9
213(a)(1)). 10
(c) TOTAL AMOUNT OF COMPENSATION.—For each 11
fiscal year for which funds are appropriated to carry out 12
this title, each unit of general local government and each 13
community-based organization that receives funds under 14
this title for any such fiscal year shall use such funds to 15
provide an amount equal to the total amount of employee 16
compensation for individuals hired under this title. 17
(a) LIMIT ON PERIOD OF EMPLOYMENT.—Notwith-18
standing any agreement or other provision of law (other 19
than those provisions of law pertaining to civil rights in 20
employment), a unit of general local government or com-21
munity-based organization shall not be obligated to employ 22
the individuals hired under this title or retain the positions 23
filled by such individuals beyond the period for which the 24
unit or organization receives funding under this title. 25
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SEC. 107. NONDISPLACEMENT. 1
(a) NONDISPLACEMENT OF EXISTING EMPLOYEES.— 2
(1) IN GENERAL.—Except as provided under 3
sections 102(c)(2)(A)(i) and 103(a)(2), a unit of 4
general local government or community-based orga-5
nization may not employ an individual for a position 6
funded under this title, if— 7
(A) employing such individual will result in 8
the layoff or partial displacement (such as a re-9
duction in hours, wages, or employee benefits) 10
of an existing employee of the unit or organiza-11
tion; or 12
(B) such individual will perform the same 13
or substantially similar work that had pre-14
viously been performed by an employee of the 15
unit or organization who— 16
(i) has been laid off or partially dis-17
placed (as such term is described in sub-18
paragraph (A)); and 19
(ii) has not been offered by the unit 20
or organization, to be restored to the posi-21
tion the employee had immediately prior to 22
being laid off or partially displaced. 23
(2) ELIMINATION OF POSITION.—For the pur-24
poses of this subsection, a position shall be consid-25
ered to have been eliminated by a unit of general 26
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local government or community-based organization if 1
the position has remained unfilled and the unit or 2
organization has not sought to fill such position for 3
at least a period of one month. 4
(3) PROMOTIONAL OPPORTUNITIES.—An indi-5
vidual may not be hired for a position funded under 6
this title in a manner that infringes upon the pro-7
motional opportunities of an existing employee (as of 8
the date of such hiring) of a unit or organization re-9
ceiving funding under this title. 10
(b) NONDISPLACEMENT OF LOCAL GOVERNMENT 11
SERVICES.—A community-based organization receiving 12
funds under this title may not use such funds to provide 13
services or functions that are customarily provided by a 14
unit of general local government where such services or 15
functions are provided by the organization. 16
SEC. 108. REPORTING REQUIREMENTS. 17
(a) ENTITLEMENT COMMUNITY.—A unit of general 18
local government that is an entitlement community that 19
receives funds under this title shall submit, every 90 days 20
during the period the unit receives such funds, to the Sec-21
retary, a report that provides— 22
(1) the status of the unit’s compliance with the 23
statement submitted by the unit under section 24
104(a)(2)(A); and 25
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(2) the status of the compliance of any commu-1
nity-based organization that receives funds from the 2
unit pursuant to this title with the statement sub-3
mitted by the organization under section 4
104(a)(2)(B). 5
(b) NONENTITLEMENT AREA.— 6
(1) UNITS AND ORGANIZATIONS.—A unit of 7
general local government located in a nonentitlement 8
area of a State that is receiving funds under this 9
title, or a community-based organization that is pro-10
viding services in a non-entitlement area of such 11
State, shall submit, every 90 days during the period 12
the unit or organization receives funds from the 13
State pursuant to this title, to the State, a report 14
that provides the status of the compliance of the 15
unit or organization with the statements submitted 16
under section 104(a)(3)(A). 17
(2) STATES.—A State shall submit, every 90 18
days during the period the State receives funds 19
under this title, to the Secretary, a report containing 20
the information received under paragraph (1). 21
(c) POSTING OF REPORTS.—Upon receiving the re-22
ports submitted under subsections (a) and (b)(2), the Sec-23
retary shall post on a publicly accessible website of the 24
Department of Labor such reports. 25
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SEC. 109. AUDITING BY THE SECRETARY. 1
The Secretary shall perform random, periodic audits 2
to determine compliance with this title. 3
SEC. 110. DISPUTE RESOLUTIONS, WHISTLEBLOWER HOT-4
LINE, AND ENFORCEMENT BY THE SEC-5
RETARY. 6
(a) ESTABLISHMENT OF ARBITRATION PROCE-7
DURE.— 8
(1) IN GENERAL.—Each unit of general local 9
government that is an entitlement community and 10
each State that receives funding under this title 11
shall agree to the arbitration procedure described in 12
this subsection to resolve disputes described in sub-13
sections (b) and (c). 14
(2) WRITTEN GRIEVANCES.— 15
(A) IN GENERAL.—If an employee (or an 16
employee representative) wishes to use the arbi-17
tration procedure described in this subsection, 18
such party shall file a written grievance within 19
the time period required under subsection (b) or 20
(c), as applicable, simultaneously with the chief 21
executive officer of a unit or State involved in 22
the dispute and the Secretary. 23
(B) IN-PERSON MEETING.—Not later than 24
10 days after the date of the filing of the griev-25
ance, the chief executive officer (or the designee 26
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of the chief executive officer) shall have an in- 1
person meeting with the party to resolve the 2
grievance. 3
(3) ARBITRATION.— 4
(A) SUBMISSION.—If the grievance is not 5
resolved within the time period described in 6
paragraph (2)(B), a party, by written notice to 7
the other party involved, may submit such 8
grievance to binding arbitration before a quali-9
fied arbitrator who is jointly selected and inde-10
pendent of the parties. 11
(B) APPOINTMENT BY SECRETARY.—If the 12
parties cannot agree on an arbitrator within 5 13
days of submitting the grievance to binding ar-14
bitration under subparagraph (A), one of the 15
parties may submit a request to the Secretary 16
to appoint a qualified and independent arbi-17
trator. The Secretary shall appoint a qualified 18
and independent arbitrator within 15 days after 19
receiving the request. 20
(C) HEARING.—Unless the parties mutu-21
ally agree otherwise, the arbitrator shall con-22
duct a hearing on the grievance and issue a de-23
cision not later than 30 days after the date 24
such arbitrator is selected or appointed. 25
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(D) COSTS.— 1
(i) IN GENERAL.—Except as provided 2
in clause (ii), the cost of an arbitration 3
proceeding shall be divided evenly between 4
the parties to the arbitration. 5
(ii) EXCEPTION.—If a grievant pre-6
vails under an arbitration proceeding, the 7
unit of general local government or State 8
involved in the dispute shall pay the cost 9
of such proceeding, including attorneys’ 10
fees. 11
(b) DISPUTES CONCERNING THE ALLOTMENT OF 12
FUNDS.—In the case where a dispute arises as to whether 13
a unit of general local government that is an entitlement 14
community or State has improperly requested funds for 15
services or functions to be provided by a community-based 16
organization that are customarily provided by the unit or, 17
in the case of a State, by a unit located in the nonentitle-18
ment area of the State where services or functions will 19
be provided by the organization, an employee or employee 20
representative of the unit or State may file a grievance 21
under subsection (a) not later than 15 days after public 22
notice of an intent to submit a statement under section 23
104(a) is published in accordance with paragraph (1)(C) 24
of such section. Upon receiving a copy of the grievance, 25
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the Secretary shall withhold the funds subject to such 1
grievance, unless and until the grievance is resolved under 2
subsection (a), by the parties or an arbitrator in favor of 3
providing such funding. 4
(c) ALL OTHER DISPUTES.— 5
(1) IN GENERAL.—In the case of a dispute not 6
covered under subsection (b) concerning compliance 7
with the requirements of this title by a unit of gen-8
eral local government that is an entitlement commu-9
nity, State, or community-based organization receiv-10
ing funds under this title, an employee or employee 11
representative of the unit or State may file a griev-12
ance under subsection (a) not later than 90 days 13
after the dispute arises. In such cases, an arbitrator 14
may award such remedies as are necessary to make 15
the grievant whole, including the reinstatement of a 16
displaced employee or the payment of back wages, 17
and may submit recommendations to the Secretary 18
to ensure further compliance with the requirements 19
of this title, including recommendations to suspend 20
or terminate funding, or to require the repayment of 21
funds received under this title during any period of 22
noncompliance. 23
(2) EXISTING GRIEVANCE PROCEDURES.—A 24
party to a dispute described in paragraph (1) may 25
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use the existing grievance procedure of a unit or 1
State involved in such dispute, or the arbitration 2
procedure described in this subsection, to resolve 3
such dispute. 4
(d) PARTY DEFINED.—For purposes of subsections 5
(a), (b), and (c), the term ‘‘party’’ means an employee, 6
employee representative, unit of general local government, 7
or State, involved in a dispute described in subsection (b) 8
or (c). 9
(e) WHISTLEBLOWER HOTLINE; ENFORCEMENT BY 10
THE SECRETARY.— 11
(1) WHISTLEBLOWER HOTLINE.—The Sec-12
retary shall post on a publicly accessible Internet 13
website of the Department of Labor the contact in-14
formation for reporting noncompliance with this title 15
by a State, unit of general local government, com-16
munity-based organization, or individual receiving 17
funding under this title. 18
(2) ENFORCEMENT BY THE SECRETARY.— 19
(A) IN GENERAL.—If the Secretary re-20
ceives a complaint alleging noncompliance with 21
this title, the Secretary may conduct an inves-22
tigation and after notice and an opportunity for 23
a hearing, may order such remedies as the Sec-24
retary determines appropriate, including— 25
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(i) withholding further funds under 1
this title to a noncompliant entity; 2
(ii) requiring the entity to make an 3
injured party whole; or 4
(iii) requiring the entity to repay to 5
the Secretary any funds received under 6
this title during any period of noncompli-7
ance. 8
(B) DEFINITION.—For purposes of this 9
paragraph, the term ‘‘entity’’ means State, unit 10
of general local government, community-based 11
organization, or individual. 12
(C) RECOMMENDATION BY AN ARBI-13
TRATOR.—A remedy described in subparagraph 14
(A) may also be ordered by the Secretary upon 15
recommendation by an arbitrator appointed or 16
selected under this section. 17
SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 18
There are appropriated such amounts as may be nec-19
essary to carry out this title for each fiscal year. 20
SEC. 112. DEFINITIONS. 21
In this title: 22
(1) IN GENERAL.—The terms ‘‘city’’, ‘‘extent of 23
poverty’’; ‘‘metropolitan city’’; ‘‘urban county’’; 24
‘‘nonentitlement area’’; ‘‘population’’; and ‘‘State’’ 25
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34
have the meanings given the terms in section 102 of 1
the Housing and Community Development Act of 2
1974 (42 U.S.C. 5302). 3
(2) BENEFITS.—The term ‘‘benefits’’ has the 4
meaning given the term ‘‘employment benefits’’ in 5
section 101 of the Family and Medical Leave Act of 6
1993 (29 U.S.C. 2611). 7
(3) COMMUNITY-BASED ORGANIZATION.—The 8
term ‘‘community-based organization’’ means a pri-9
vate nonprofit organization that— 10
(A) is representative of a community with-11
in a unit of general local government or a sig-12
nificant segment of the community; and 13
(B) has demonstrated expertise and effec-14
tiveness in providing services or functions to the 15
community not customarily provided by the 16
unit. 17
(4) EMPLOYEE COMPENSATION.—The term 18
‘‘employee compensation’’ includes wages and bene-19
fits. 20
(5) ENTITLEMENT COMMUNITIES.—The term 21
‘‘entitlement communities’’ includes metropolitan cit-22
ies and urban counties. 23
(6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 24
has the meaning given the term in section 4(e) of 25
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the Indian Self-Determination and Education Assist-1
ance Act (25 U.S.C. 450b(e)). 2
(7) SECRETARY.—The term ‘‘Secretary’’ means 3
the Secretary of Labor. 4
(8) SUPPORTIVE SERVICES.—The term ‘‘sup-5
portive services’’ means services such as transpor-6
tation and child care that are necessary to enable an 7
individual to be employed in a position funded under 8
this title. 9
(9) UNEMPLOYED INDIVIDUAL.—The term ‘‘un-10
employed individual’’ has the meaning given such 11
term in section 101 of the Workforce Investment 12
Act of 1998 (29 U.S.C. 2801). 13
(10) UNIT OF GENERAL LOCAL GOVERN-14
MENT.—The term ‘‘unit of general local govern-15
ment’’ means any city, county, town, township, par-16
ish, village, or other general purpose political sub-17
division of a State; Guam, the Northern Mariana Is-18
lands, the Virgin Islands, and American Samoa, or 19
a general purpose political subdivision thereof; a 20
combination of such political subdivisions that is rec-21
ognized by the Secretary; and the District of Colum-22
bia. 23
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(11) VETERAN.—The term ‘‘veteran’’ has the 1
meaning given such term in section 101 of the 2
Workforce Investment Act (29 U.S.C. 2801). 3
(12) WAGE.—The term ‘‘wage’’ has the mean-4
ing given such term in section 3 of the Fair Labor 5
Standards Act of 1938 (29 U.S.C. 203). 6
That the following sums are appropriated, out of any 7
money in the Treasury not otherwise appropriated, for the 8
fiscal year ending September 30, 2010, and for other pur-9
poses, namely: 10
TITLE II—EDUCATION JOBS 11
DEPARTMENT OF EDUCATION 12
EDUCATION JOBS FUND 13
For necessary expenses for an Education Jobs Fund, 14
$23,000,000,000, which shall remain available for obliga-15
tion through September 30, 2010 and shall be adminis-16
tered under the terms and conditions of sections 14001 17
through 14013 of title XIV, and title XV, of division A 18
of the American Recovery and Reinvestment Act of 2009 19
(Public Law 111–5), except as follows: 20
(1) ALLOCATION TO BUREAU OF INDIAN AF-21
FAIRS.—From the amount appropriated to carry out 22
this title, the Secretary of Education shall first allo-23
cate up to 0.5 percent to the Secretary of the Inte-24
rior for schools operated or funded by the Bureau of 25
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Indian Affairs on the basis of their respective needs 1
for activities consistent with this title under such 2
terms and conditions as the Secretary may deter-3
mine. 4
(2) ALLOTMENTS TO STATES AND TERRI-5
TORIES.—Such funds shall be available only for allo-6
cations by the Secretary under subsections (a) and 7
(d) of section 14001. 8
(3) RESERVATION.—With respect to funds ap-9
propriated under this heading, a State that receives 10
an allocation may reserve not more than 5 percent 11
for— 12
(A) the administrative costs of carrying 13
out its responsibilities with respect to those 14
funds, provided the State reserves not more 15
than 1 percent of its total allocation for those 16
costs; and 17
(B) retaining or creating positions in the 18
State educational agency or the State agency 19
for higher education, and other State agency 20
positions related to the administration or sup-21
port of early childhood, elementary, secondary 22
or postsecondary education. 23
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(4) AWARDS TO LOCAL EDUCATIONAL AGEN-1
CIES AND PUBLIC INSTITUTIONS OF HIGHER EDU-2
CATION.— 3
(A) Except as specified under paragraph 4
(2), an allocation of such funds to a State 5
under section 14001(d) shall be used only for 6
awards to local educational agencies and public 7
institutions of higher education for the support 8
of elementary, secondary, and postsecondary 9
education. The Governor shall determine how 10
the funds appropriated under this heading are 11
allocated for elementary and secondary edu-12
cation and for public institutions of higher edu-13
cation. In making the determination in the pre-14
ceding sentence, the Governor shall allocate 15
funds among the categories of elementary and 16
secondary education and public institutions of 17
higher education generally in proportion to any 18
reductions in State funds for such categories. 19
(B) Funds used to support elementary and 20
secondary education shall be distributed 21
through the State’s primary elementary and 22
secondary funding formulae. 23
(C) Section 14002(a) and (b) shall not 24
apply. 25
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(5) REQUIREMENT TO USE FUNDS TO RETAIN 1
OR CREATE EDUCATION JOBS.—Notwithstanding 2
sections 14003(a) and 14004(a), such funds may be 3
used only for compensation and benefits and other 4
expenses, such as support services, necessary to re-5
tain existing employees, for activities defined in sec-6
tion 101(31) of the Workforce Investment Act of 7
1998, and to hire new employees in order to provide 8
early childhood, elementary, secondary, or postsec-9
ondary educational and related services or for mod-10
ernization, renovation, and repair of public school fa-11
cilities and facilities of institutions of higher edu-12
cation. 13
(6) PROHIBITION ON USE OF FUNDS FOR 14
RAINY-DAY FUNDS OR DEBT RETIREMENT.—A State 15
that receives an allocation may not use such funds, 16
directly or indirectly, to establish, restore, or supple-17
ment a rainy-day fund, or to supplant State funds 18
in a manner that has the effect of establishing, re-19
storing, or supplementing a rainy-day fund; or to re-20
duce or retire debt obligations incurred by the State, 21
or to supplant State funds in a manner that has the 22
effect of reducing or retiring debt obligations in-23
curred by the State, provided that this prohibition 24
shall not apply to fund balances that are necessary 25
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40
to comply with any State requirement to maintain a 1
balanced budget. 2
(7) APPLICATION CONSIDERATIONS.—If, by a 3
date set by the Secretary, a Governor has not sub-4
mitted an approvable application under section 5
14005(a), the Secretary may provide for the dis-6
tribution of funds allocated under section 14001(d) 7
to another entity or other entities in the State, 8
under such terms and conditions as the Secretary 9
may establish, provided that all terms and conditions 10
that apply to the appropriation under this heading 11
shall apply to such funds distributed to such entity 12
or entities. 13
(8) LOCAL EDUCATIONAL AGENCY APPLICA-14
TION.—Section 442 of the General Education Provi-15
sions Act does not apply to a local educational agen-16
cy that has previously submitted an application to 17
the State under title XIV of division A of the Amer-18
ican Recovery and Reinvestment Act of 2009. The 19
assurances provided under that application shall 20
continue to apply to funds awarded under this head-21
ing. 22
(9) MAINTENANCE OF EFFORT.—The Secretary 23
shall not allocate funds to a State under paragraph 24
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(1) unless the Governor of the State provides an as-1
surance to the Secretary that the State will— 2
(A) for fiscal year 2010— 3
(i) maintain State support for elemen-4
tary, secondary, and public higher edu-5
cation (not including support for capital 6
projects or research and development or 7
tuition and fees paid by students), in the 8
aggregate, at the level of such support for 9
fiscal year 2009; or 10
(ii) maintain State support for ele-11
mentary, secondary, and public higher edu-12
cation (not including support for capital 13
projects or research and development or 14
tuition and fees paid by students), in the 15
aggregate, at a level no less than such sup-16
port for fiscal year 2006, provided that if 17
a State has enacted a reduction to such 18
aggregate level of fiscal year 2010 State 19
support for elementary, secondary, and 20
public higher education after December 12, 21
2009, the State shall maintain State sup-22
port for elementary, secondary, and public 23
higher education at a percentage of the 24
total revenues available to the State that is 25
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equal to or greater than the percentage 1
provided for such purpose for fiscal year 2
2010 prior to December 12, 2009; and 3
(B) for fiscal year 2011— 4
(i) comply with subparagraph (A)(i); 5
or 6
(ii) maintain State support for ele-7
mentary, secondary, and public higher edu-8
cation (not including support for capital 9
projects or research and development or 10
tuition and fees paid by students), in the 11
aggregate, at a percentage of the total rev-12
enues available to the State that is equal 13
to or greater than the percentage provided 14
for such purpose for fiscal year 2010. 15
TITLE III—LAW ENFORCEMENT 16
AND FIREFIGHTER JOBS 17
DEPARTMENT OF JUSTICE 18
COMMUNITY ORIENTED POLICING SERVICES 19
(INCLUDING TRANSFER OF FUNDS) 20
For an additional amount for ‘‘Community Oriented 21
Policing Services’’, for grants under section 1701 of title 22
I of the 1968 Omnibus Crime Control and Safe Streets 23
Act (42 U.S.C. 3796dd) for hiring and rehiring of addi-24
tional career law enforcement officers under part Q of 25
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such title, notwithstanding subsection (i) of such section, 1
$1,179,000,000, of which $2,950,000 shall be transferred 2
to ‘‘State and Local Law Enforcement Activities, Salaries 3
and Expenses’’ for management, administration and over-4
sight of such grants. 5
DEPARTMENT OF HOMELAND SECURITY 6
FEDERAL EMERGENCY MANAGEMENT AGENCY 7
FIREFIGHTER ASSISTANCE GRANTS 8
For an additional amount for ‘‘Firefighter Assistance 9
Grants’’ for necessary expenses for programs authorized 10
by section 34 of the Federal Fire Prevention and Control 11
Act of 1974 (15 U.S.C. 2229a), $500,000,000: Provided, 12
That notwithstanding any provision under section 13
34(a)(1)(A) of such Act specifying that grants must be 14
used to increase the number of firefighters in fire depart-15
ments, the Secretary of Homeland Security, in making 16
grants under section 34 of such Act for fiscal year 2010, 17
shall grant waivers from the requirements of subsections 18
(a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section: 19
Provided further, That section 34(a)(1)(E) of such Act 20
shall not apply with respect to funds appropriated in this 21
or any other Act making appropriations for fiscal year 22
2010 for grants under section 34 of such Act: Provided 23
further, That the Secretary of Homeland Security, in mak-24
ing grants under section 34 of such Act, shall ensure that 25
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funds appropriated under this or any other Act making 1
appropriations for fiscal year 2010 are made available for 2
the retention of firefighters and shall award grants not 3
later than 120 days after the date of enactment of this 4
Act: Provided further, That the Secretary may transfer 5
any unused funds under this heading to make grants for 6
programs authorized by section 33 of such Act (15 U.S.C. 7
2229) after notification to the Committees on Appropria-8
tions of the Senate and the House of Representatives. 9
TITLE IV—ON-THE-JOB 10
TRAINING 11
DEPARTMENT OF LABOR 12
EMPLOYMENT AND TRAINING ADMINISTRATION 13
TRAINING AND EMPLOYMENT SERVICES 14
For an additional amount for ‘‘Training and Employ-15
ment Services’’ for activities under the Workforce Invest-16
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-the- 22
job training for individuals who reside in local areas 23
that— 24
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(1) have a poverty rate of 12 percent or more 1
for each Public Use Microdata Area (PUMA) in 2
such local area; or 3
(2) have an unemployment rate that is 2 per-4
cent higher than the national unemployment rate. 5
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