To amend the Elementary and Secondary School Emergency Relief Fund.

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).
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