[Congressional Record Volume 161, Number 105 (Wednesday, July 8, 2015)]
[Senate]
[Page S4856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2135. Mrs. GILLIBRAND (for herself and Mr. Portman) submitted an 
amendment intended to be proposed to amendment SA 2089 submitted by Mr. 
Alexander (for himself and Mrs. Murray) to the bill S. 1177, to 
reauthorize the Elementary and Secondary Education Act of 1965 to 
ensure that every child achieves; which was ordered to lie on the 
table; as follows:

       Beginning on page 270, strike line 18 and all that follows 
     through line 16 on page 273 and insert the following:
       ``(b) State Allotments.--
       ``(1) Hold harmless.--
       ``(A) In general.--Subject to paragraph (2), from the funds 
     appropriated under section 2003(a) for a fiscal year that 
     remain after the Secretary makes the reservations under 
     subsection (a), the Secretary shall allot to each State an 
     amount equal to the total amount that such State received for 
     fiscal year 2001 under--
       ``(i) section 2202(b) of this Act (as in effect on the day 
     before the date of enactment of the No Child Left Behind Act 
     of 2001); and
       ``(ii) section 306 of the Department of Education 
     Appropriations Act, 2001 (as enacted into law by section 
     1(a)(1) of Public Law 106-554).
       ``(B) Ratable reduction.--If the funds described in 
     subparagraph (A) are insufficient to pay the full amounts 
     that all States are eligible to receive under subparagraph 
     (A) for any fiscal year, the Secretary shall ratably reduce 
     those amounts for the fiscal year.
       ``(2) Allotment of additional funds.--
       ``(A) In general.--Subject to subparagraph (B), for any 
     fiscal year for which the funds appropriated under section 
     2003(a) and not reserved under subsection (a) exceed the 
     total amount required to make allotments under paragraph (1), 
     the Secretary shall allot to each State the sum of--
       ``(i) an amount that bears the same relationship to 20 
     percent of the excess amount as the number of individuals age 
     5 through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       ``(ii) an amount that bears the same relationship to 80 
     percent of the excess amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line in the State, as determined by the Secretary on the 
     basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.
       ``(B) Exception.--No State receiving an allotment under 
     subparagraph (A) may receive less than one-half of 1 percent 
     of the total excess amount allotted under such subparagraph 
     for a fiscal year.
       ``(3) Reallotment.--If any State does not apply for an 
     allotment under this subsection for any fiscal year, the 
     Secretary shall reallot the amount of the allotment to the 
     remaining States in accordance with this subsection.
                                 ______