[Congressional Record Volume 167, Number 20 (Wednesday, February 3, 2021)]
[Senate]
[Page S344]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 131. Mr. COTTON 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 EDUCATION-RELATED COVID-19 
                   FUNDING WITHOUT IN-PERSON INSTRUCTION.

       (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 would 
     allow any COVID-19 Federal funding for elementary or 
     secondary school education for local educational agencies 
     that do not offer all students some in-person instruction. 
     This point of order should not be interpreted to prevent the 
     reimbursement to the Federal Government of any Federal 
     educational relief funds appropriated during fiscal year 2020 
     or 2021 for any local educational agencies that continue to 
     primarily conduct remote learning in contravention of 
     guidance from the Centers of Disease Control and Prevention.
       (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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