S.Amdt. 2135

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.
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