II 

111TH CONGRESS 

2D SESSION S. 3206 

To establish an Education Jobs Fund. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2010 

Mr. HARKIN (for himself, Mrs. BOXER, Mr. BEGICH, Mr. BINGAMAN, Mr. 

BROWN of Ohio, Mr. BURRIS, Mr. DODD, Mr. DURBIN, Mr. FRANKEN, 

Mrs. GILLIBRAND, Mr. KERRY, Mr. LAUTENBERG, Mr. MERKLEY, Ms. 

MIKULSKI, Mrs. MURRAY, Mr. SCHUMER, and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish an Education Jobs Fund. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keep Our Educators 

5 Working Act of 2010’’. 

6 SEC. 2. RETAINING EDUCATORS. 

7 (a) EDUCATION JOBS FUND.—There is appropriated, 

8 for fiscal year 2010, for necessary expenses for an Edu9 cation Jobs Fund, $23,000,000,000. Such amount shall 

10 be appropriated, out of any money in the Treasury not 


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1 otherwise appropriated, for the Department of Education. 

2 The amount shall remain available for obligation by the 

3 Department through the date that is 180 days after the 

4 date of enactment of this Act. The amount shall be admin5 istered by the Secretary of Education under the terms and 

6 conditions of titles XIV and XV of division A of the Amer7 ican Recovery and Reinvestment Act of 2009 (Public Law 

8 111–5), subject to the provisions of subsection (b). 

9 (b) SPECIAL RULES.— 

10 (1) ALLOTMENTS TO STATES AND OUTLYING

11 AREAS.—The funds appropriated under this Act 

12 shall be available only for allocations by the Sec13 retary of Education under subsections (a) and (d) of 

14 section 14001 of the American Recovery and Rein15 vestment Act of 2009 (Public Law 111–5), except 

16 that the Secretary may reserve not more than 

17 $1,000,000 for administration and oversight of this 

18 Act, including for program administration. 

19 (2) RESERVATION BY STATE.—With respect to 

20 funds appropriated under this Act, a State that re21 ceives an allocation of such funds in accordance with 

22 section 14001(d) of such Act may reserve a total of 

23 not more than 5 percent of the State’s allocation 

24 for— 


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1 (A) the administrative costs of carrying 

2 out the State’s responsibilities with respect to 

3 such funds, except that in no case shall the 

4 State reserve more than 1 percent of its total 

5 allocation for those costs; and 

6 (B) the costs of retaining or creating posi7 tions in the State educational agency or the 

8 State agency for higher education, and other 

9 State agency positions related to the adminis10 tration or support of early childhood, elemen11 tary, secondary, or postsecondary education. 

12 (3) AWARDS TO LOCAL EDUCATIONAL AGEN13 CIES AND PUBLIC INSTITUTIONS OF HIGHER EDU14 CATION.— 

15 (A) USE OF FUNDS.—Subsections (a) and 

16 (b) of section 14002 of the American Recovery 

17 and Reinvestment Act of 2009 (Public Law 

18 111–5) shall not apply to an allocation of funds 

19 appropriated under this Act. Except as provided 

20 under paragraph (2), an allocation of such 

21 funds shall be used only for awards to local 

22 educational agencies and public institutions of 

23 higher education for the support of early child24 hood, elementary, secondary, and postsecondary 

25 education in accordance with subparagraph (B). 


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1 (B) DISTRIBUTION BY GOVERNOR.— 

2 (i) IN GENERAL.—The Governor of a 

3 State receiving an allocation of funds ap4 propriated under this Act shall use the ap5 propriated funds to award grants to local 

6 educational agencies (through the State’s 

7 primary elementary and secondary funding 

8 formulae) and public institutions of higher 

9 education in order to restore the reduc10 tions in State funding for elementary and 

11 secondary education and for public institu12 tions of higher education, respectively, that 

13 remain for fiscal years 2010 and 2011, as 

14 determined in accordance with clause (iv). 

15 (ii) INSUFFICIENT AMOUNT.— 

16 (I) IN GENERAL.—In the case of 

17 a State that receives an allocation of 

18 funds appropriated under this Act for 

19 a fiscal year that is less than the 

20 amount necessary to carry out clause 

21 (i), the Governor of the State shall 

22 distribute the State’s allocation for 

23 such fiscal year between local edu24 cational agencies (through the State’s 

25 primary elementary and secondary 


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1 funding formulae) and public institu2 tions of higher education in propor3 tion to the relative reductions in State 

4 support for these two categories of 

5 education for such fiscal year. 

6 (II) EXCEPTION.—The Governor 

7 may adjust the amount of funds 

8 awarded to local educational agencies 

9 (in the aggregate) and the amount of 

10 funds awarded to public institutions 

11 of higher education (in the aggregate) 

12 for a fiscal year pursuant to subclause 

13 (I) by increasing or decreasing such 

14 amounts of funds by the amount that 

15 is not more than 10 percent of the 

16 larger of the 2 amounts of funds. 

17 (iii) DISTRIBUTION OF EXCESS

18 AMOUNT.—In the case of a State that re19 ceives an allocation of funds appropriated 

20 under this Act that is more than the 

21 amount necessary to carry out clause (i), 

22 the Governor of the State shall use any 

23 funds remaining after the application of 

24 clause (i) to provide local educational agen25 cies in the State with awards, based on the 


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1 local educational agencies’ relative shares 

2 of funds under part A of title I of the Ele3 mentary and Secondary Education Act of 

4 1965 (20 U.S.C. 6311 et seq.) for the 

5 most recent fiscal year for which data are 

6 available. 

7 (iv) CALCULATION OF REDUCTIONS.— 

8 For purposes of calculating reductions in 

9 State funding under this subparagraph for 

10 a fiscal year— 

11 (I) the amount of reductions in 

12 State funding for elementary and sec13 ondary education or for public institu14 tions of higher education for a fiscal 

15 year shall be determined by com16 paring the level of such State funding 

17 for such fiscal year with the level of 

18 such State funding for the preceding 

19 fiscal year; and 

20 (II) the levels of such State fund21 ing shall include any funds received 

22 by the State under section 14001(d) 

23 of the American Recovery and Rein24 vestment Act of 2009 (Public Law 

25 111–5) and, for fiscal year 2011, any 


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1 funds received by the State under this 

2 section for fiscal year 2010. 

3 (4) INAPPLICABILITY OF EDUCATION REFORM

4 ASSURANCES.—Subsection (b), and paragraphs (2) 

5 through (5) of subsection (d), of section 14005 of 

6 the American Recovery and Reinvestment Act of 

7 2009 (Public Law 111–5) shall not apply to any ap8 plication for an allocation of funds appropriated 

9 under this Act from a State that has an approved 

10 application for Phase II of the State Fiscal Sta11 bilization Fund under title XIV of division A of such 

12 Act that was submitted in accordance with the appli13 cation notice published in the Federal Register on 

14 November 17, 2009 (74 Fed. Reg. 59142). 

15 (5) REQUIREMENT TO USE FUNDS TO RETAIN

16 OR CREATE EDUCATION JOBS.—Notwithstanding 

17 sections 14003(a) and 14004(a) of such Act, funds 

18 appropriated under this Act may be used only for— 

19 (A) compensation and benefits and other 

20 expenses necessary to retain existing employees, 

21 and for the hiring of new employees, in order 

22 to provide early childhood, elementary, sec23 ondary, or postsecondary educational and re24 lated services; or 


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1 (B) on-the-job training activities, as de2 fined in section 101(31) of the Workforce In3 vestment Act of 1998 (29 U.S.C. 2801(31)), for 

4 education-related careers. 

5 (6) PROHIBITION ON USE OF FUNDS FOR RAINY

6 DAY FUNDS OR DEBT RETIREMENT.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), a State that receives an allocation of 

9 funds appropriated under this Act may not use 

10 such funds to— 

11 (i) establish, restore, or supplement a 

12 reserve or rainy day fund of the State or 

13 to supplant State funds in a manner that 

14 has the effect of establishing, restoring, or 

15 supplementing a reserve or rainy day fund; 

16 or 

17 (ii) reduce or retire debt obligations 

18 incurred by the State or to supplant State 

19 funds in a manner that has the effect of 

20 reducing or retiring debt obligations in21 curred by the State. 

22 (B) EXCEPTION.—Subparagraph (A) shall 

23 not apply to fund balances that are necessary to 

24 comply with any State requirement to maintain 

25 a balanced budget. 


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

2 date set by the Secretary of Education, a Governor 

3 has not submitted an approvable application under 

4 section 14005(a) of the American Recovery and Re5 investment Act of 2009 (Public Law 111–5), the 

6 Secretary may provide for the distribution of funds 

7 appropriated under this Act that are allocated under 

8 section 14001(d) of the American Recovery and Re9 investment Act of 2009 for the State to 1 or more 

10 other entities in the State, in such amounts and 

11 under such terms and conditions as the Secretary 

12 may establish, as long as all terms and conditions 

13 that apply to the appropriation under this Act shall 

14 apply to such funds distributed to such entity or en15 tities. 

16 (8) LOCAL EDUCATIONAL AGENCY APPLICA17 TION.—The requirements of section 442 of the Gen18 eral Education Provisions Act (20 U.S.C. 1232e) 

19 shall not apply to a local educational agency that 

20 has previously submitted an application to the State 

21 under title XIV of division A of the American Recov22 ery and Reinvestment Act of 2009 (Public Law 

23 111–5) and wishes to receive funds appropriated 

24 under this Act, as the assurances provided under the 


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1 previous application shall continue to apply to funds 

2 awarded under this Act. 

3 (9) MAINTENANCE OF EFFORT.— 

4 (A) IN GENERAL.—In order for a State to 

5 receive an allocation of funds appropriated 

6 under this Act, the Governor of a State shall, 

7 in lieu of the assurances required under section 

8 14005(d)(1) of the American Recovery and Re9 investment Act of 2009 (Public Law 111–5), 

10 provide assurances to the Secretary of Edu11 cation that, for each of fiscal years 2010 and 

12 2011, the State will— 

13 (i) meet the requirements of section 

14 14005(d)(1) for such fiscal year; or 

15 (ii) provide, for elementary and sec16 ondary education and for public institu17 tions of higher education (not including 

18 support for capital projects or for research 

19 and development or tuition and fees paid 

20 by students), percentages of the total reve21 nues available to the State for each fiscal 

22 year that— 

23 (I) for fiscal year 2010, are not 

24 less than such percentages, respec25 tively, for fiscal year 2006; and 


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1 (II) for fiscal year 2011, are not 

2 less than such percentages, respec3 tively, for fiscal year 2009. 

4 (B) INAPPLICABLE REQUIREMENT.—Sec5 tion 14012(c) of the American Recovery and 

6 Reinvestment Act of 2009 (Public Law 111–5) 

7 shall not apply with respect to any allocations 

8 made for fiscal year 2011 from funds appro9 priated under this Act. 

10 (10) PERIOD FOR OBLIGATION OF FUNDS.— 

11 The Secretary of Education may extend the period 

12 of time available to States and recipients of awards 

13 under this section to obligate the funds appropriated 

14 under this Act for one additional fiscal year beyond 

15 the period provided for under section 421(b)(1) of 

16 the General Education Provisions Act (20 U.S.C. 

17 1225(b)(1)). 

18 SEC. 3. EMERGENCY DESIGNATION. 

19 This Act is designated as an emergency requirement 

20 pursuant to section 403(a) of S. Con. Res. 13 (111th Con21 gress), the concurrent resolution on the budget for fiscal 

22 year 2010. 

Æ 


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