[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1294-S1295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1026. Mr. RUBIO (for himself, Mr. Scott, of South Carolina, Mr. 
Hagerty, Ms. Ernst, Mr. Tillis, Mr. Daines, Mr. Cramer, Mr. Blunt, Mrs. 
Blackburn, and Mr. Kennedy) proposed an amendment to amendment SA 891 
proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs. Murray, Mr. 
Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow, Mr. Tester, 
Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr. Sanders) to 
the bill H.R. 1319, to provide for reconciliation pursuant to title II 
of S. Con. Res. 5; as follows:

        Strike section 2001 and insert the following:

     SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF 
                   FUND.

       (a) In General.--In addition to amounts otherwise 
     available, there is appropriated to the Department of 
     Education for fiscal year 2021, out of any money in the 
     Treasury not otherwise appropriated, $125,804,800,000, to 
     remain available through September 30, 2023, to carry out 
     this section.
       (b) Grants.--From funds provided under subsection (a), the 
     Secretary shall make grants to each State educational agency 
     in accordance with this section.
       (c) Allocation to States.--The amount of each grant under 
     subsection (b) shall be allocated by the Secretary to each 
     State in the same proportion as each State received under 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965 in the most recent fiscal year.
       (d) Subgrants to Local Educational Agencies.--
       (1) In general.--Each State shall allocate not less than 95 
     percent of the grant funds awarded to the State under this 
     section as subgrants to local educational agencies (including 
     charter schools that are local educational agencies in the 
     State) in proportion

[[Page S1295]]

     to the amount of funds such local educational agencies and 
     charter schools that are local educational agencies received 
     under part A of title I of the Elementary and Secondary 
     Education Act of 1965 in the most recent fiscal year.
       (2) Availability of funds.--Each State shall make 
     allocations under paragraph (1) to local educational agencies 
     in accordance with the following:
       (A) A local educational agency shall receive 25 percent of 
     its allocation under paragraph (1) not later than 30 days 
     after the date of enactment of this title.
       (B) A local educational agency shall receive an additional 
     15 percent of its allocation under paragraph (1) for each 
     school day in a 5-day school week that public elementary and 
     secondary schools served by the local educational agency are 
     open for in-person instruction for 100 percent of students 
     within the local educational agency, as certified by the 
     local educational agency to the State.
       (e) State Funding.--With funds not otherwise allocated 
     under subsection (d), a State may carry out, directly or 
     through grants or contracts, activities necessary to support 
     the safe reopening of schools.
       (f) Equitable Services.--Each local educational agency that 
     receives funds from a subgrant under subsection (d) shall 
     reserve funds to provide equitable services in the same 
     manner as provided under section 1117 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6320) to students 
     and teachers in non-public schools, as determined in 
     consultation with representatives of non-public schools.
       (g) Public Control of Funds.--The control of funds for the 
     services or assistance provided to a non-public school under 
     subsection (f), and title to materials, equipment, and 
     property purchased with such funds, shall be in a public 
     agency, and a public agency shall administer such funds, 
     services, assistance, materials, equipment, and property.
       (h) Reallocation.--A State shall return to the Secretary 
     any funds received under this section that the State does not 
     award within 1 year of receiving such funds and the Secretary 
     shall reallocate such funds to the remaining States in 
     accordance with subsection (c).
                                 ______