S.Amdt. 212

SA 212. Mr. MARTINEZ submitted an amendment intended to be proposed
to amendment SA 98 proposed by Mr. Inouye (for himself and Mr. Baucus)
to the bill H.R. 1, making supplemental appropriations for job
preservation and creation, infrastructure investment, energy efficiency
and science, assistance to the unemployed, and State and local fiscal
stabilization, for fiscal year ending September 30, 2009, and for other
purposes; which was ordered to lie on the table; as follows:

On page 399, between lines 6 and 7, insert the following:

SEC. 1405A. SPECIAL RULES FOR STATES WITH HIGH 2006 EDUCATION
SUPPORT LEVELS.

(a) Definitions.--In this section:
(1) High 2006 education support level.--The term ``high
2006 education support level'', when used with respect to a
State, means a State for which the level of State support for
elementary and secondary education or State support for
higher education in fiscal year 2008 is less than the level
of State support for elementary and secondary education, or
State support for higher education, respectively, in fiscal
year 2006.
(2) State support for elementary and secondary education.--
The term ``State support for elementary and secondary
education'' means the support provided by the State for
elementary and secondary education, but not including capital
projects.
(3) State support for higher education.--The term ``State
support for higher education'' means the support provided by
a State for public institutions of higher education in the
State, but not including support provided for capital
projects or for research and development.
(b) Maintenance of Effort.--Notwithstanding section 1405, a
State with a high 2006 education support level that meets all
requirements for a grant under this title except for section
1405(d)(1) shall receive such grant if, for each of fiscal
years 2009 and 2010, such State does not reduce the
percentage of State general funds that are to be used for
State support for elementary and secondary education, and the
percentage of State general funds that are to be used for
State support for higher education, by more than one percent,
as compared to the percentage of State general funds that are
to be used for State support for elementary and secondary
education, and the percentage of State general funds that are
to be used for State support for higher education,
respectively, for the fiscal year preceding the fiscal year
for which the determination is being made.
(c) Use of Funds.--
(1) Restoring state support for elementary and secondary
education.--Notwithstanding section 1402, the Governor of a
State with a high 2006 education support level shall, for
each of fiscal years 2009 and 2010, use at least 61 percent
of the State's allocation under section 1401(d) for the
support of elementary, secondary, and postsecondary education
by--
(A)(i) providing the amount of funds, through such State's
principal elementary and secondary funding formula, that is
needed to restore State support for elementary and secondary
education to the level of such State support in fiscal year
2006 or fiscal year 2008, whichever level is greater; and
(ii) providing the amount of funds that is needed to
restore State support for higher education to the level of
such State support in fiscal year 2006 or fiscal year 2008,
whichever level is greater; and
(B) using any remaining funds to provide subgrants
described in section 1402(a)(3).
(2) Shortfall.--Notwithstanding section 1402, if the
Governor of a State with a high 2006 education support level
determines that the amount of funds available under paragraph
(1) for a fiscal year is insufficient to restore State
support for education to the levels described in clauses (i)
and (ii) of paragraph (1)(A), the Governor shall--
(A) allocate those funds between those clauses in
proportion to the relative shortfall in State support for the
education sectors described in such clauses; and
(B) after making the allocation under subparagraph (A), use
the amounts remaining from the State's allocation under
section 1401(d) to restore State support for each such
education sector that has a high 2006 education support
level, to the fiscal year 2006 level.
(3) Other government services.--Notwithstanding section
1402, for each of fiscal years 2009 and 2010, the Governor of
a State with a high 2006 education support level shall use
the amount of the State's allocation under section 1401(d)
that remains after the application of paragraphs (1) and (2)
for public safety and other government services, which may
include assistance for elementary and secondary education and
public institutions of higher education.
(d) Waivers.--The Secretary of Education may waive, on a
case-by-case basis, any requirement of this section for a
State on the basis of financial hardship.
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