[Congressional Record Volume 161, Number 109 (Tuesday, July 14, 2015)]
[Senate]
[Pages S5082-S5085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2248. Mr. BURR (for himself and Mr. Bennet) 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:
Strike sections 1009, 1010, and 1011 and insert the
following:
1009. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``and 1125A(f)''; and
(2) in subsection (b)(3)(C)(ii), by striking ``challenging
State academic content standards'' and inserting
``challenging State academic standards''.
SEC. 1010. ALLOCATIONS TO STATES.
(a) Amendments.--Section 1122 (20 U.S.C. 6332) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Allocation Formula.--
``(1) Initial allocation.--For each of fiscal years 2016
through 2021 (referred to in this subsection as the `current
fiscal year'), the Secretary shall allocate $14,500,000,000
of the amount appropriated under section 1002(a) to carry out
this part (or, if the total amount appropriated for this part
is equal to or less than $14,500,000,000, all of such amount)
in accordance with the following:
``(A) An amount equal to the amount made available to carry
out section 1124 for fiscal year 2001 shall be allocated in
accordance with section 1124.
``(B) An amount equal to the amount made available to carry
out section 1124A for fiscal year 2001 shall be allocated in
accordance with section 1124A.
``(C) An amount equal to 100 percent of the amount, if any,
by which the amount made available under this paragraph for
the current fiscal year for which the determination is made
exceeds the amount available to carry out sections 1124 and
1124A for fiscal year 2001 shall be allocated in accordance
with section 1125 and 1125A.
``(2) Allocations in excess of $14,500,000,000.--For each
of the current fiscal years for which the amounts
appropriated under section 1002(a) to carry out this part
exceed $14,500,000,000, an amount equal to such excess amount
shall be allocated in accordance with section 1123.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``under this subpart'' and inserting
``under subsection (a)(1) for sections 1124, 1124A, 1125, and
1125A''; and
(ii) by striking ``and 1125'' and inserting ``1125, and
1125A''; and
(B) in paragraph (2)--
(i) by inserting ``under subsection (a)(1)'' after ``become
available''; and
(ii) by striking ``and 1125'' and inserting ``1125, and
1125A'';
(3) in subsection (c)(1), by inserting ``and to the extent
amounts under subsection (a)(1) are available'' after ``For
each fiscal year''; and
[[Page S5083]]
(4) in subsection (d)(1), by striking ``under this
subpart'' and inserting ``under subsection (a)(1) for
sections 1124, 1124A, 1125, and 1125A''.
(b) Point of Order.--
(1) In the senate.--
(A) In general.--When the Senate is considering a bill or
joint resolution making appropriations for a fiscal year, or
an amendment thereto, amendment between the Houses in
relation thereto, conference report thereon, or motion
thereon, if a point of order is made by a Senator against a
provision that provides appropriations for part A of title I
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) in an amount greater than
$14,500,000,000 for such year and does not appropriate funds
for equity grants under section 1123 of such Act in
accordance with section 1122(a)(2) of such Act, as amended by
this Act, and the point of order is sustained by the Chair,
that provision shall be stricken from the measure and may not
be offered as an amendment from the floor.
(B) Form of the point of order.--In the Senate, a point of
order under subparagraph (A) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget Act of
1974 (2 U.S.C. 644(e)).
(C) Conference reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill or joint resolution, upon a point of
order being made by any Senator pursuant to subparagraph (A),
and such point of order being sustained, such material
contained in such conference report or House amendment shall
be stricken, and the Senate shall proceed to consider the
question of whether the Senate shall recede from its
amendment and concur with a further amendment, or concur in
the House amendment with a further amendment, as the case may
be, which further amendment shall consist of only that
portion of the conference report or House amendment, as the
case may be, not so stricken. Any such motion in the Senate
shall be debatable. In any case in which such point of order
is sustained against a conference report (or Senate amendment
derived from such conference report by operation of this
subsection), no further amendment shall be in order.
(D) Supermajority waiver and appeal.--In the Senate, this
paragraph may be waived or suspended only by an affirmative
vote of three-fifths of the Members, duly chose and sworn. An
affirmative vote of three-fifths of Members of the Senate,
duly chosen and sworn shall be required to sustain an appeal
of the ruling of the Chair on a point of order raised under
this paragraph.
(2) In the house of representatives.--
(A) In general.--A provision in a bill or joint resolution
making appropriations for a fiscal year that provides
appropriations for part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in
an amount greater than $14,500,000,000 for such year and does
not appropriate funds for equity grants under section 1123 of
such Act in accordance with section 1122(a)(2) of such Act,
as amended by this Act, shall not be in order in the House of
Representatives.
(B) Amendments and conference reports.--It shall not be in
order in the House of Representatives to consider an
amendment to, or a conference report on, a bill or joint
resolution making appropriations for a fiscal year if such
amendment thereto or conference report thereon provides
appropriations for part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in
an amount greater than $14,500,000,000 for such year and does
not appropriate funds for equity grants under section 1123 of
such Act in accordance with section 1122(a)(2) of such Act,
as amended by this Act.
(3) Exercise of rulemaking powers.--Congress adopts the
provisions of this subsection--
(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of each House
or of that House to which they specifically apply, and such
rules shall supersede other rules only to the extent that
they are inconsistent with such other rules; and
(B) with full recognition of the constitutional right of
either the Senate or the House of Representatives to change
those rules (insofar as they relate to that House) at any
time, in the same manner, and to the same extent as is the
case of any other rule of the Senate or House of
Representatives.
SEC. 1011. EQUITY GRANTS.
Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) is
amended by inserting after section 1122 the following:
``SEC. 1123. EQUITY GRANTS.
``(a) Authorization.--From funds appropriated under section
1002(a) for a fiscal year and available for allocation
pursuant to section 1122(a)(2), the Secretary is authorized
to make grants to States, from allotments under subsection
(b), to carry out the programs and activities of this part.
``(b) Distribution Based Upon Concentrations of Poverty.--
``(1) In general.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), funds appropriated pursuant to subsection (a) for a
fiscal year shall be allotted to each State based upon the
number of children counted under section 1124(c) in such
State multiplied by the product of--
``(i) 40 percent of the average per-pupil expenditure in
the United States (other than the Commonwealth of Puerto
Rico); multiplied by
``(ii) 1.30 minus such State's equity factor described in
paragraph (2).
``(B) Puerto rico.--For each fiscal year, the Secretary
shall allot to the Commonwealth of Puerto Rico an amount of
the funds appropriated under subsection (a) that bears the
same relation to the total amount of funds appropriated under
such subsection as the amount that the Commonwealth of Puerto
Rico received under this subpart for fiscal year 2015 bears
to the total amount received by all States for such fiscal
year.
``(C) State minimum.--Notwithstanding any other provision
of this section, from the total amount available for any
fiscal year to carry out this section, each State (except for
Puerto Rico) shall be allotted at least the lesser of--
``(i) 0.35 percent of the total amount available to carry
out this section for such fiscal year; or
``(ii) the average of--
``(I) 0.35 percent of such total amount for such fiscal
year; and
``(II) 150 percent of the national average grant under this
section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State's
total number of children described in section 1124(c),
without application of a weighting factor.
``(2) Equity factor.--
``(A) Determination.--
``(i) In general.--Except as provided in subparagraph (B),
the Secretary shall determine the equity factor under this
section for each State in accordance with clause (ii).
``(ii) Computation.--
``(I) In general.--For each State, the Secretary shall
compute a weighted coefficient of variation for the per-pupil
expenditures of local educational agencies in accordance with
subclauses (II), (III), and (IV).
``(II) Variation.--In computing coefficients of variation,
the Secretary shall weigh the variation between per-pupil
expenditures in each local educational agency and the average
per-pupil expenditures in the State according to the number
of pupils served by the local educational agency.
``(III) Number of pupils.--In determining the number of
pupils under this paragraph served by each local educational
agency and in each State, the Secretary shall multiply the
number of children counted under section 1124(c) by a factor
of 1.4.
``(IV) Enrollment requirement.--In computing coefficients
of variation, the Secretary shall include only those local
educational agencies with an enrollment of more than 200
students.
``(B) Special rule.--The equity factor for a State that
meets the disparity standard described in section 222.162 of
title 34, Code of Federal Regulations (as such section was in
effect on the day preceding the date of enactment of the No
Child Left Behind Act of 2001) or a State with only one local
educational agency shall be not greater than 0.10.
``(c) Use of Funds; Eligibility of Local Educational
Agencies.--All funds awarded to each State under this section
shall be allocated to local educational agencies under the
following provisions:
``(1) Distribution within local educational agencies.--
Within local educational agencies, funds allocated under this
section shall be distributed to schools on a basis consistent
with section 1113, and may only be used to carry out
activities under this part.
``(2) Eligibility for grant.--A local educational agency in
a State is eligible to receive a grant under this section for
any fiscal year if--
``(A) the number of children in the local educational
agency counted under section 1124(c), before application of
the weighted child count described in subsection (d), is at
least 10; and
``(B) if the number of children counted for grants under
section 1124(c), before application of the weighted child
count described in subsection (d), is at least 5 percent of
the total number of children aged 5 to 17 years, inclusive,
in the school district of the local educational agency.
``(d) Allocation of Funds to Eligible Local Educational
Agencies.--
``(1) In general.--Funds received by States under this
section for a fiscal year shall be allocated within States to
eligible local educational agencies on the basis of weighted
child counts calculated in accordance with paragraph (2),
(3), or (4), as appropriate for each State.
``(2) States with an equity factor less than .10.--
``(A) In general.--In States with an equity factor less
than .10, the weighted child counts referred to in paragraph
(1) for a fiscal year shall be the larger of the 2 amounts
determined under subparagraphs (B) and (C).
``(B) By percentage of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1124(c) for that local educational agency who constitute not
more than 17.27 percent, inclusive, of the agency's total
population aged 5 to 17, inclusive, multiplied by 1.0;
``(ii) the number of such children who constitute more than
17.27 percent, but not more than 23.48 percent, of such
population, multiplied by 1.75;
``(iii) the number of such children who constitute more
than 23.48 percent, but not more
[[Page S5084]]
than 29.11 percent, of such population, multiplied by 2.5;
``(iv) the number of such children who constitute more than
29.11 percent, but not more than 36.10 percent, of such
population, multiplied by 3.25; and
``(v) the number of such children who constitute more than
36.10 percent of such population, multiplied by 4.0.
``(C) By number of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1124(c) who constitute not more than 834, inclusive, of the
agency's total population aged 5 to 17, inclusive, multiplied
by 1.0;
``(ii) the number of such children between 835 and 2,629,
inclusive, in such population, multiplied by 1.5;
``(iii) the number of such children between 2,630 and
7,668, inclusive, in such population, multiplied by 2.0; and
``(iv)(I) in the case of an agency that is not a high
poverty percentage local educational agency, the number of
such children in excess of 7,668 in such population,
multiplied by 2.0; or
``(II) in the case of a high poverty percentage local
educational agency--
``(aa) the number of such children between 7,669 and
26,412, inclusive, in such population, multiplied by 2.5; and
``(bb) the number of such children in excess of 26,412 in
such population, multiplied by 3.0.
``(3) States with an equity factor greater than or equal to
.10 and less than .20.--
``(A) In general.--In States with an equity factor greater
than or equal to .10 and less than .20, the weighted child
counts referred to in paragraph (1) for a fiscal year shall
be the larger of the 2 amounts determined under subparagraphs
(B) and (C).
``(B) By percentage of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1124(c) for that local educational agency who constitute not
more than 17.27 percent, inclusive, of the agency's total
population aged 5 to 17, inclusive, multiplied by 1.0;
``(ii) the number of such children who constitute more than
17.27 percent, but not more than 23.48 percent, of such
population, multiplied by 1.5;
``(iii) the number of such children who constitute more
than 23.48 percent, but not more than 29.11 percent, of such
population, multiplied by 3.0;
``(iv) the number of such children who constitute more than
29.11 percent, but not more than 36.10 percent, of such
population, multiplied by 4.5; and
``(v) the number of such children who constitute more than
36.10 percent of such population, multiplied by 6.0.
``(C) By number of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1124(c) who constitute not more than 834, inclusive, of the
agency's total population aged 5 to 17, inclusive, multiplied
by 1.0;
``(ii) the number of such children between 835 and 2,629,
inclusive, in such population, multiplied by 1.5;
``(iii) the number of such children between 2,630 and
7,668, inclusive, in such population, multiplied by 2.25; and
``(iv)(I) in the case of an agency that is not a high
poverty percentage local educational agency, the number of
such children in excess of 7,668 in such population,
multiplied by 2.25; or
``(II) in the case of a high poverty percentage local
educational agency--
``(aa) the number of such children between 7,669 and
26,412, inclusive, in such population, multiplied by 3.375;
and
``(bb) the number of such children in excess of 26,412 in
such population, multiplied by 4.5.
``(4) States with an equity factor greater than or equal to
.20.--
``(A) In general.--In States with an equity factor greater
than or equal to .20, the weighted child counts referred to
in paragraph (1) for a fiscal year shall be the larger of the
2 amounts determined under subparagraphs (B) and (C).
``(B) By percentage of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1124(c) for that local educational agency who constitute not
more than 17.27 percent, inclusive, of the agency's total
population aged 5 to 17, inclusive, multiplied by 1.0;
``(ii) the number of such children who constitute more than
17.27 percent, but not more than 23.48 percent, of such
population, multiplied by 2.0;
``(iii) the number of such children who constitute more
than 23.48 percent, but not more than 29.11 percent, of such
population, multiplied by 4.0;
``(iv) the number of such children who constitute more than
29.11 percent, but not more than 36.10 percent, of such
population, multiplied by 6.0; and
``(v) the number of such children who constitute more than
36.10 percent of such population, multiplied by 8.0.
``(C) By number of children.--The amount referred to in
subparagraph (A) is determined by adding--
``(i) the number of children determined under section
1124(c) who constitute not more than 834, inclusive, of the
agency's total population aged 5 to 17, inclusive, multiplied
by 1.0;
``(ii) the number of such children between 835 and 2,629,
inclusive, in such population, multiplied by 2.0;
``(iii) the number of such children between 2,630 and
7,668, inclusive, in such population, multiplied by 3.0; and
``(iv)(I) in the case of an agency that is not a high
poverty percentage local educational agency, the number of
such children in excess of 7,668 in such population,
multiplied by 3.0; or
``(II) in the case of a high poverty percentage local
educational agency--
``(aa) the number of such children between 7,669 and
26,412, inclusive, in such population, multiplied by 4.5; and
``(bb) the number of such children in excess of 26,412 in
such population, multiplied by 6.0.
``(e) Maintenance of Effort.--
``(1) In general.--A State is entitled to receive its full
allotment of funds under this section for any fiscal year if
the Secretary finds that the State's fiscal effort per
student or the aggregate expenditures of the State with
respect to the provision of free public education by the
State for the preceding fiscal year was not less than 90
percent of the fiscal effort or aggregate expenditures for
the second preceding fiscal year, subject to the requirements
of paragraph (2).
``(2) Reduction in case of failure to meet.--
``(A) In general.--The Secretary shall reduce the amount of
the allotment of funds under this section in any fiscal year
in the exact proportion by which a State fails to meet the
requirement of paragraph (1) by falling below 90 percent of
both the fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), if such
State has also failed to meet such requirement (as determined
using the measure most favorable to the State) for 1 or more
of the 5 immediately preceding fiscal years.
``(B) Special rule.--No such lesser amount shall be used
for computing the effort required under paragraph (1) for
subsequent years.
``(3) Waiver.--The Secretary may waive the requirements of
this subsection if the Secretary determines that a waiver
would be equitable due to--
``(A) exceptional or uncontrollable circumstances, such as
a natural disaster or a change in the organizational
structure of the State; or
``(B) a precipitous decline in the financial resources of
the State.
``(f) Adjustments Where Necessitated by Appropriations.--
``(1) In general.--If the sums available under this section
for any fiscal year are insufficient to pay the full amounts
that all local educational agencies in States are eligible to
receive under this section for such year, the Secretary shall
ratably reduce the allocations to such local educational
agencies, subject to paragraphs (2) and (3).
``(2) Additional funds.--If additional funds become
available for making payments under this section for such
fiscal year, allocations that were reduced under paragraph
(1) shall be increased on the same basis as they were
reduced.
``(3) Hold harmless amounts.--Beginning with the second
fiscal year for which amounts are appropriated to carry out
this section, and if sufficient funds are available, the
amount made available to each local educational agency under
this section for a fiscal year shall be--
``(A) not less than 95 percent of the amount made available
for the preceding fiscal year if the number of children
counted under section 1124(c) is equal to or more than 30
percent of the total number of children aged 5 to 17 years,
inclusive, in the local educational agency;
``(B) not less than 90 percent of the amount made available
for the preceding fiscal year if the percentage described in
subparagraph (A) is less than 30 percent and equal to or more
than 15 percent; and
``(C) not less than 85 percent of the amount made available
for the preceding fiscal year if the percentage described in
subparagraph (A) is less than 15 percent.
``(4) Applicability.--Notwithstanding any other provision
of law, the Secretary shall not take into consideration the
hold-harmless provisions of this subsection for any fiscal
year for purposes of calculating State or local allocations
for the fiscal year under any program administered by the
Secretary other than a program authorized under this part.
``(g) Definitions.--In this section:
``(1) High poverty percentage local educational agency.--
The term `high poverty percentage local educational agency'
means a local educational agency for which the number of
children determined under subsection (b) for a fiscal year is
20 percent or more of the total population aged 5 to 17,
inclusive, of the local educational agency for such fiscal
year.
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.''.
SEC. 1011A. ADEQUACY OF FUNDING RULE.
Section 1125AA(b) (20 U.S.C. 6336(b)) is amended by
striking ``section 1122(a)'' and inserting ``section
1122(a)(1)''.
SEC. 1011B. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
In section 1125A (20 U.S.C. 6337)--
[[Page S5085]]
(1) in subsection (a), by striking ``under subsection (f)''
and inserting ``under section 1002(a) and made available
under section 1122(a)(1)'';
(2) in subsection (b), by striking ``pursuant to subsection
(f)'' and inserting ``made available for this section under
section 1122(a)(1)'';
(3) in subsection (c), by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2), respectively;
(4) in subsection (d)(1)(A)(ii), by striking ``clause
``(i)'' and inserting ``clause (i)'';
(5) by striking subsection (e) and inserting the following:
``(e) Maintenance of Effort.--
``(1) In general.--A State is entitled to receive its full
allotment of funds under this section for any fiscal year if
the Secretary finds that the State's fiscal effort per
student or the aggregate expenditures of the State with
respect to the provision of free public education by the
State for the preceding fiscal year was not less than 90
percent of the fiscal effort or aggregate expenditures for
the second preceding fiscal year, subject to the requirements
of paragraph (2).
``(2) Reduction in case of failure to meet.--
``(A) In general.--The Secretary shall reduce the amount of
the allotment of funds under this section for any fiscal year
in the exact proportion by which a State fails to meet the
requirement of paragraph (1) by falling below 90 percent of
both the fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), if such
State has also failed to meet such requirement (as determined
using the measure most favorable to the State) for 1 or more
of the 5 immediately preceding fiscal years.
``(B) Special rule.--No such lesser amount shall be used
for computing the effort required under paragraph (1) for
subsequent years.
``(3) Waiver.--The Secretary may waive the requirements of
this subsection if the Secretary determines that a waiver
would be equitable due to--
``(A) exceptional or uncontrollable circumstances, such as
a natural disaster or a change in the organizational
structure of the State; or
``(B) a precipitous decline in the financial resources of
the State.'';
(6) by striking subsection (f);
(7) by redesignating subsection (g) as subsection (f); and
(8) in subsection (f), as redesignated by paragraph (7)--
(A) in paragraph (1), by striking ``under this section''
and inserting ``to carry out this section''; and
(B) in subsection (f)(3), in the matter preceding
subparagraph (A), by striking ``shall be'' and inserting
``shall be--''.
SEC. 1011C. SPECIAL ALLOCATION PROCEDURES.
Section 1126 (20 U.S.C. 6338) is amended by striking
``sections 1124, 1124A, 1125, and 1125A'' each place the term
appears and inserting ``sections 1123, 1124, 1124A, 1125, and
1125A''.
______