[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1380-S1381]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1357. Mr. BRAUN submitted an amendment intended to be proposed 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

[[Page S1381]]

Mr. Sanders) to the bill H.R. 1319, to provide for reconciliation 
pursuant to title II of S. Con. Res. 5; which was ordered to lie on the 
table; as follows:

       Section 2004 is amended by striking ``(d) Definitions.--In 
     this section:'' and inserting the following:
       (d) Federal Funds to Supplement, Not Supplant, Non-federal 
     Funds.--
       (1) In general.--As a condition of receiving funds under 
     section 2001, a State educational agency or local educational 
     agency shall use Federal funds received under such section 
     only to supplement the funds that would, in the absence of 
     such Federal funds, be made available from State and local 
     sources for the education of students participating in 
     programs assisted under such section, and not to supplant 
     such funds.
       (2) Compliance.--To demonstrate compliance with paragraph 
     (1), a local educational agency shall demonstrate that the 
     methodology used to allocate State and local funds to each 
     school receiving assistance under section 2001 ensures that 
     such school receives all of the State and local funds it 
     would otherwise receive if it were not receiving assistance 
     under this section.
       (3) Special rule.--No local educational agency shall be 
     required to--
       (A) identify that an individual cost or service supported 
     under section 2001 is supplemental; or
       (B) provide services under such section through a 
     particular instructional method or in a particular 
     instructional setting in order to demonstrate such agency's 
     compliance with paragraph (1).
       (4) Prohibition.--Nothing in this section shall be 
     construed to authorize or permit the Secretary to prescribe 
     the specific methodology a local educational agency uses to 
     allocate State and local funds to each school receiving 
     assistance under section 2001.
       (e) Definitions.--In this section:
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