the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(8) SUPPORTIVE
SERVICES.—The term ‘‘sup-
portive services’’ means services such as transpor-
tation and child care that are necessary to enable an 
individual to be employed in a position funded under 
this title. 
(9) UNEMPLOYED INDIVIDUAL.—The term ‘‘un-
employed individual’’ has the meaning given such 
term in section 101 of the Workforce Investment 
Act of 1998 (29 U.S.C. 2801). 
(10) UNIT
OF
GENERAL
LOCAL
GOVERN-
MENT.—The term ‘‘unit of general local govern-
ment’’ means any city, county, town, township, par-
ish, village, or other general purpose political sub-
division of a State; Guam, the Northern Mariana Is-
lands, the Virgin Islands, and American Samoa, or 
a general purpose political subdivision thereof; a 
combination of such political subdivisions that is rec-
ognized by the Secretary; and the District of Colum-
bia. 
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00:33 Mar 13, 2010
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(11) VETERAN.—The term ‘‘veteran’’ has the 
meaning given such term in section 101 of the 
Workforce Investment Act (29 U.S.C. 2801). 
(12) WAGE.—The term ‘‘wage’’ has the mean-
ing given such term in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203). 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2010, and for other pur-
poses, namely: 
TITLE II—EDUCATION JOBS 
DEPARTMENT OF EDUCATION 
EDUCATION JOBS FUND 
For necessary expenses for an Education Jobs Fund, 
$23,000,000,000, which shall remain available for obliga-
tion through September 30, 2010 and shall be adminis-
tered under the terms and conditions of sections 14001 
through 14013 of title XIV, and title XV, of division A 
of the American Recovery and Reinvestment Act of 2009 
(Public Law 111–5), except as follows: 
(1) ALLOCATION TO BUREAU OF INDIAN AF-
FAIRS.—From the amount appropriated to carry out 
this title, the Secretary of Education shall first allo-
cate up to 0.5 percent to the Secretary of the Inte-
rior for schools operated or funded by the Bureau of 
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Indian Affairs on the basis of their respective needs 
for activities consistent with this title under such 
terms and conditions as the Secretary may deter-
mine. 
(2) ALLOTMENTS
TO
STATES
AND
TERRI-
TORIES.—Such funds shall be available only for allo-
cations by the Secretary under subsections (a) and 
(d) of section 14001. 
(3) RESERVATION.—With respect to funds ap-
propriated under this heading, a State that receives 
an allocation may reserve not more than 5 percent 
for— 
(A) the administrative costs of carrying 
out its responsibilities with respect to those 
funds, provided the State reserves not more 
than 1 percent of its total allocation for those 
costs; and 
(B) retaining or creating positions in the 
State educational agency or the State agency 
for higher education, and other State agency 
positions related to the administration or sup-
port of early childhood, elementary, secondary 
or postsecondary education. 
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(4) AWARDS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES AND PUBLIC INSTITUTIONS OF HIGHER EDU-
CATION.— 
(A) Except as specified under paragraph 
(2), an allocation of such funds to a State 
under section 14001(d) shall be used only for 
awards to local educational agencies and public 
institutions of higher education for the support 
of elementary, secondary, and postsecondary 
education. The Governor shall determine how 
the funds appropriated under this heading are 
allocated for elementary and secondary edu-
cation and for public institutions of higher edu-
cation. In making the determination in the pre-
ceding sentence, the Governor shall allocate 
funds among the categories of elementary and 
secondary education and public institutions of 
higher education generally in proportion to any 
reductions in State funds for such categories. 
(B) Funds used to support elementary and 
secondary 
education 
shall 
be 
distributed 
through the State’s primary elementary and 
secondary funding formulae. 
(C) Section 14002(a) and (b) shall not 
apply. 
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(5) REQUIREMENT TO USE FUNDS TO RETAIN 
OR
CREATE
EDUCATION
JOBS.—Notwithstanding 
sections 14003(a) and 14004(a), such funds may be 
used only for compensation and benefits and other 
expenses, such as support services, necessary to re-
tain existing employees, for activities defined in sec-
tion 101(31) of the Workforce Investment Act of 
1998, and to hire new employees in order to provide 
early childhood, elementary, secondary, or postsec-
ondary educational and related services or for mod-
ernization, renovation, and repair of public school fa-
cilities and facilities of institutions of higher edu-
cation. 
(6) PROHIBITION
ON
USE
OF
FUNDS
FOR 
RAINY-DAY FUNDS OR DEBT RETIREMENT.—A State 
that receives an allocation may not use such funds, 
directly or indirectly, to establish, restore, or supple-
ment a rainy-day fund, or to supplant State funds 
in a manner that has the effect of establishing, re-
storing, or supplementing a rainy-day fund; or to re-
duce or retire debt obligations incurred by the State, 
or to supplant State funds in a manner that has the 
effect of reducing or retiring debt obligations in-
curred by the State, provided that this prohibition 
shall not apply to fund balances that are necessary 
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