[Congressional Record Volume 167, Number 20 (Wednesday, February 3, 2021)]
[Senate]
[Page S337]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 85. Mr. RUBIO (for himself, Mr. Cramer, Mr. Hagerty, Mr. Cruz, Mr. 
Tillis, and Mr. Daines) submitted an amendment intended to be proposed 
by him to the concurrent resolution S. Con. Res. 5, setting forth the 
congressional budget for the United States Government for fiscal year 
2021 and setting forth the appropriate budgetary levels for fiscal 
years 2022 through 2030; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title IV, add the following:

     SEC. 4___. POINT OF ORDER AGAINST PROVIDING COVID-19 
                   REOPENING FUNDS TO ANY ELEMENTARY OR SECONDARY 
                   SCHOOL THAT CHOOSES NOT TO REOPEN FOR IN-PERSON 
                   ACADEMIC INSTRUCTION BY APRIL 30, 2021.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that 
     provides COVID-19 reopening funds to any elementary or 
     secondary school that chooses not to reopen for in-person 
     academic instruction by April 30, 2021.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the 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 
     subsection (a).
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