[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1410 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1410
To provide emergency relief for schools, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2021
Mr. Fitzpatrick introduced the following bill; which was referred to
the Committee on Education and Labor
_______________________________________________________________________
A BILL
To provide emergency relief for schools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Our Schools Act''.
SEC. 2. 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,
$128,554,800,000, to remain available through September 30, 2023, for
providing grants to States in accordance with the same terms and
conditions that apply to the Elementary and Secondary School Emergency
Relief Fund of the Education Stabilization Fund for funding
appropriated for fiscal year 2021, except that--
(1) a State that receives a grant under this section shall
use--
(A) not less than 90 percent of such grant for
subgrants to local educational agencies; and
(B) not less than 5 percent of such grant to carry
out, directly or through grants or contracts,
activities to address learning loss by supporting the
implementation of evidence-based interventions, such as
summer learning, extended day comprehensive afterschool
programs, or extended school year programs, and ensure
such interventions respond to students' academic,
social, and emotional needs and address the
disproportionate impact of the coronavirus on the
student populations described in section
1111(h)(1)(C)(ii) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii));
and
(2) each local educational agency that receives funds from
a subgrant under paragraph (1)(A) shall--
(A) reserve not less than 20 percent of such funds
to address learning loss through the implementation of
evidence-based interventions, such as summer learning,
extended day comprehensive afterschool programs, or
extended school year programs, and ensure such
interventions respond to students' academic, social,
and emotional needs and address the disproportionate
impact of the coronavirus on the student populations
described in section 1111(h)(1)(C)(ii) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(h)(1)(C)(ii)); and
(B) using funds reserved under subparagraph (A),
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.
(b) Public Control of Funds.--Control of funds provided under
subsection (a)(2)(B), 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, materials, equipment, and property
and shall provide such services (or may contract for the provision of
such services with a public or private entity).
SEC. 3. HIGHER EDUCATION EMERGENCY RELIEF FUND.
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, $39,584,570,000, to remain
available through September 30, 2023, for making allocations to
institutions of higher education in accordance with the same terms and
conditions that apply to the Higher Education Emergency Relief Fund of
the Education Stabilization Fund for funding appropriated for fiscal
year 2021, except that--
(1) 91 percent of such funds shall be allocated to each
institution of higher education as defined in section 101 or
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1001, 1002(c)), and shall be apportioned using the same formula
used to apportion funds to each such institution under such
Higher Education Emergency Relief Fund;
(2) 1 percent of such funds shall be allocated to
institutions of higher education as defined in section 102(b)
of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), and
shall be apportioned using the same formula used to apportion
funds to each such institution under such Higher Education
Emergency Relief Fund;
(3) an institution shall solely determine which students
receive emergency financial aid grants under this section;
(4) an institution receiving an allocation--
(A) under paragraph (1) shall use not less than 50
percent of such allocation to provide emergency
financial aid grants to students; and
(B) under paragraph (2) shall use 100 percent of
such allocation to provide emergency financial aid
grants to students;
(5) an institution receiving an allocation under paragraph
(1) shall use a portion of such allocation to--
(A) implement evidence-based practices to monitor
and suppress coronavirus in accordance with public
health guidelines; and
(B) conduct direct outreach to financial aid
applicants about the opportunity to receive a financial
aid adjustment due to the recent unemployment of a
family member or independent student, or other
circumstances, described in section 479A of the Higher
Education Act of 1965 (20 U.S.C. 1087tt);
(6) notwithstanding paragraph (4)(A) or paragraph (5), an
institution receiving an allocation under paragraph (1) a
portion of which is apportioned according to a relative share
(based on full-time equivalent enrollment or total number) of
students who were Pell grant recipients and who were
exclusively enrolled in distance education courses prior to the
qualifying emergency shall use 100 percent of such portion to
provide emergency financial aid grants to students; and
(7) institutions required to remit payment to the Internal
Revenue Service for the excise tax based on investment income
of private colleges and universities under section 4968 of the
Internal Revenue Code of 1986 for tax year 2019 shall not be
subject to restrictions related to the amount of allocations or
uses of funds applicable to such institutions under such Higher
Education Emergency Relief Fund.
SEC. 4. MAINTENANCE OF EFFORT AND MAINTENANCE OF EQUITY.
(a) State Maintenance of Effort.--
(1) In general.--As a condition of receiving funds under
section 2, a State shall maintain support for elementary and
secondary education, and for higher education (which shall
include State funding to institutions of higher education and
State need-based financial aid, and shall not include support
for capital projects or for research and development or tuition
and fees paid by students), in each of fiscal years 2022 and
2023 at least at the proportional levels of such State's
support for elementary and secondary education and for higher
education relative to such State's overall spending, averaged
over fiscal years 2017, 2018, and 2019.
(2) Waiver.--For the purpose of relieving fiscal burdens
incurred by States in preventing, preparing for, and responding
to the coronavirus, the Secretary of Education may waive any
maintenance of effort requirements associated with the
Education Stabilization Fund.
(b) State Maintenance of Equity.--
(1) High-poverty local educational agencies.--As a
condition of receiving funds under section 2, a State
educational agency shall not, in fiscal year 2022 or 2023,
reduce State funding (calculated on a per-pupil basis) for any
high-poverty local educational agency in the State by an amount
that exceeds the overall per-pupil reduction in State funds, if
any, across all local educational agencies in such State in
such fiscal year.
(2) Local educational agencies with highest share of
economically disadvantaged student.--Notwithstanding paragraph
(1), as a condition of receiving funds under section 2, a State
educational agency shall not, in fiscal year 2022 or 2023,
reduce State funding for any local educational agency that is
part of the 20 percent of local educational agencies in the
State with the highest percentage of economically disadvantaged
students (based on the percentages of economically
disadvantaged students served by all local educational agencies
in the State on the basis of the most recent satisfactory data
available from the Department of Commerce) below the level of
funding provided to such local educational agencies in fiscal
year 2019.
(c) Local Educational Agency Maintenance of Equity for High-Poverty
Schools.--As a condition of receiving funds under section 2, a local
educational agency shall not, in fiscal year 2022 or 2023--
(1) reduce per-pupil funding (from combined State and local
funding) for any high-poverty school served by such local
educational agency by an amount that exceeds--
(A) the total reduction in local educational agency
funding (from combined State and local funding) for all
schools served by the local educational agency in such
fiscal year (if any); divided by
(B) the number of children enrolled in all schools
served by the local educational agency in such fiscal
year; or
(2) reduce per-pupil, full-time equivalent staff in any
high-poverty school by an amount that exceeds--
(A) the total reduction in full-time equivalent
staff in all schools served by such local educational
agency in such fiscal year (if any); divided by
(B) the number of children enrolled in all schools
served by the local educational agency in such fiscal
year.
(d) Definitions.--In this section:
(1) The term ``high-poverty local educational agency''
means, with respect to a local educational agency in a State, a
local educational agency that serves a higher percentage of
economically disadvantaged students than the local educational
agency that serves the median percentage of economically
disadvantaged students, based on the percentages of
economically disadvantaged students served by all local
educational agencies in such State, on the basis of the most
recent satisfactory data available from the Department of
Commerce.
(2) The term ``high-poverty school'' means, with respect to
a school served by a local educational agency, a school that
serves a higher percentage of economically disadvantaged
students, as determined by any of the measures of poverty in
section 1113 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6313) than the school that serves the median
percentage of economically disadvantaged students based on the
percentages of economically disadvantaged students--
(A) at all schools served by such local educational
agency; or
(B) at all schools within each grade-span of such
local educational agency.
(3) The term ``overall per-pupil reduction in State funds''
means, with respect to a fiscal year--
(A) the amount of any reduction in the total amount
of State funds provided to all local educational
agencies in the State in such fiscal year compared to
the total amount of such funds provided to all local
educational agencies in the State in the previous
fiscal year; divided by
(B) the aggregate number of children enrolled in
all schools served by all local educational agencies in
the State in the fiscal year for which the
determination is being made.
SEC. 5. OUTLYING AREAS.
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, $850,000,000, to remain
available through September 30, 2023, for the Secretary of Education to
allocate awards to the outlying areas on the basis of their respective
needs, as determined by the Secretary, to be allocated not more than 30
calendar days after the date of enactment of this Act.
SEC. 6. BUREAU OF INDIAN EDUCATION.
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, $850,000,000, to remain
available until expended, for the Secretary of Education to allocate to
the Secretary of the Interior for awards, which awards shall be
determined and funds for such awards allocated by the Secretary of the
Interior not more than 30 calendar days after the date of enactment of
this Act, for programs operated or funded by the Bureau of Indian
Education, for Bureau-funded schools (as defined in section 1141(3) of
the Education Amendments of 1978 (25 U.S.C. 2021(3))), and for Tribal
Colleges or Universities (as defined in section 316(b)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)(3))).
SEC. 7. GALLAUDET UNIVERSITY.
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, $19,250,000, to remain
available through September 30, 2023, for the Kendall Demonstration
Elementary School, the Model Secondary School for the Deaf, and
Gallaudet University under titles I and II of the Education of the Deaf
Act of 1986 (20 U.S.C. 4301 et seq.) to prevent, prepare for, and
respond to coronavirus, domestically or internationally, including to
defray expenses associated with coronavirus (including lost revenue,
reimbursement for expenses already incurred, technology costs
associated with a transition to distance education, faculty and staff
trainings, and payroll) and to provide financial aid grants to
students, which may be used for any component of the student's cost of
attendance.
SEC. 8. STUDENT AID ADMINISTRATION.
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, $91,130,000, to remain
available through September 30, 2023, for Student Aid Administration
within the Department of Education to prevent, prepare for, and respond
to coronavirus, domestically or internationally, including direct
outreach to students and borrowers about financial aid, economic impact
payments, means-tested benefits, and tax benefits for which they may be
eligible.
SEC. 9. HOWARD UNIVERSITY.
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, $35,000,000, to remain
available through September 30, 2023, for Howard University to prevent,
prepare for, and respond to coronavirus, domestically or
internationally, including to defray expenses associated with
coronavirus (including lost revenue, reimbursement for expenses already
incurred, technology costs associated with a transition to distance
education, faculty and staff trainings, and payroll) and to provide
financial aid grants to students, which may be used for any component
of the student's cost of attendance.
SEC. 10. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.
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, $19,250,000, to remain
available through September 30, 2023, for the National Technical
Institute for the Deaf under titles I and II of the Education of the
Deaf Act of 1986 (20 U.S.C. 4301 et seq.) to prevent, prepare for, and
respond to coronavirus, domestically or internationally, including to
defray expenses associated with coronavirus (including lost revenue,
reimbursement for expenses already incurred, technology costs
associated with a transition to distance education, faculty and staff
training, and payroll) and to provide financial aid grants to students,
which may be used for any component of the student's cost of
attendance.
SEC. 11. INSTITUTE OF EDUCATION SCIENCES.
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, $100,000,000, to remain
available through September 30, 2023, for the Institute of Education
Sciences established under part A of title I of the Education Sciences
Reform Act of 2002 (20 U.S.C. 9511 et seq.) to carry out research
related to addressing learning loss caused by the coronavirus among the
student populations described in section 1111(h)(1)(C)(ii) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(ii)) and to disseminate such findings to State
educational agencies and local educational agencies and other
appropriate entities.
SEC. 12. PROGRAM ADMINISTRATION.
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, $15,000,000, to remain
available through September 30, 2024, for Program Administration within
the Department of Education to prevent, prepare for, and respond to
coronavirus, domestically or internationally, and for salaries and
expenses necessary to implement this Act.
SEC. 13. OFFICE OF INSPECTOR 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, $5,000,000, to remain
available until expended, for the Office of Inspector General of the
Department of Education, as authorized by section 211 of the Department
of Education Organization Act (20 U.S.C. 3422), to prevent, prepare
for, and respond to coronavirus, domestically or internationally,
including for salaries and expenses necessary for oversight,
investigations, and audits of programs, grants, and projects funded
under this Act to respond to coronavirus.
SEC. 14. MODIFICATION OF REVENUE REQUIREMENTS FOR PROPRIETARY
INSTITUTIONS OF HIGHER EDUCATION.
(a) In General.--Section 487(a)(24) of the Higher Education Act of
1965 (20 U.S.C. 1094(a)(24)) is amended by striking ``funds provided
under this title'' and inserting ``Federal funds that are disbursed or
delivered to or on behalf of a student to be used to attend such
institution (referred to in this paragraph and subsection (d) as
`Federal education assistance funds')''.
(b) Implementation of Non-Federal Revenue Requirement.--Section
487(d) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)) is
amended--
(1) in the subsection heading, by striking ``Non-title IV''
and inserting ``Non-Federal''; and
(2) in paragraph (1)(C), by striking ``funds for a program
under this title'' and inserting ``Federal education assistance
funds''.
SEC. 15. NATIONAL ENDOWMENT FOR THE ARTS.
In addition to amounts otherwise available, there is appropriated
for fiscal year 2021, out of any money in the Treasury not otherwise
appropriated, $135,000,000, to remain available until expended, under
the National Foundation on the Arts and the Humanities Act of 1965 (20
U.S.C. 951 et seq.), as follows:
(1) Forty percent shall be for grants, and relevant
administrative expenses, to State arts agencies and regional
arts organizations that support organizations' programming and
general operating expenses to cover up to 100 percent of the
costs of the programs which the grants support, to prevent,
prepare for, respond to, and recover from the coronavirus.
(2) Sixty percent shall be for direct grants, and relevant
administrative expenses, that support organizations'
programming and general operating expenses to cover up to 100
percent of the costs of the programs which the grants support,
to prevent, prepare for, respond to, and recover from the
coronavirus.
SEC. 16. NATIONAL ENDOWMENT FOR THE HUMANITIES.
In addition to amounts otherwise available, there is appropriated
for fiscal year 2021, out of any money in the Treasury not otherwise
appropriated, $135,000,000, to remain available until expended, under
the National Foundation on the Arts and the Humanities Act of 1965 (20
U.S.C. 951 et seq.), as follows:
(1) Forty percent shall be for grants, and relevant
administrative expenses, to State humanities councils that
support humanities organizations' programming and general
operating expenses to cover up to 100 percent of the costs of
the programs which the grants support, to prevent, prepare for,
respond to, and recover from the coronavirus.
(2) Sixty percent shall be for direct grants, and relevant
administrative expenses, that support humanities organizations'
programming and general operating expenses to cover up to 100
percent of the costs of the programs which the grants support,
to prevent, prepare for, respond to, and recover from the
coronavirus.
SEC. 17. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
In addition to amounts otherwise available, there is appropriated
for fiscal year 2021, out of any money in the Treasury not otherwise
appropriated, $200,000,000, to remain available until expended, to
carry out the Library Services and Technology Act (20 U.S.C. 9121 et
seq.) as authorized under subtitle B of the Museum and Library Services
Act (20 U.S.C. 9121 et seq.), including for administrative costs
authorized under section 210C of such Act (20 U.S.C. 9111), except
that--
(1) section 221(b)(3)(A) of the Library Services and
Technology Act shall be applied by substituting ``$2,000,000''
for ``$680,000'' and by substituting ``$200,000'' for
``$60,000''; and
(2) section 221(b)(3)(C) and subsections (b) and (c) of
section 223 of such Act shall not apply to funds provided under
this section.
SEC. 18. COVID-19 RESPONSE RESOURCES FOR THE PRESERVATION AND
MAINTENANCE OF NATIVE AMERICAN LANGUAGES.
(a) Section 816 of the Native American Programs Act of 1974 (42
U.S.C. 2992d) is amended by adding at the end the following:
``(f) In addition to amounts otherwise available, there is
appropriated for fiscal year 2021, out of any money in the Treasury not
otherwise appropriated, $10,000,000 to remain available until expended,
to carry out section 803C(g) of this Act.''.
(b) Section 803C of the Native American Programs Act of 1974 (42
U.S.C. 2991b-3) is amended by adding at the end the following:
``(g) Emergency Grants for Native American Language Preservation
and Maintenance.--Not later than 180 days after the effective date of
this subsection, the Secretary shall award grants to entities eligible
to receive assistance under subsection (a) to ensure the survival and
continuing vitality of Native American languages during and after the
public health emergency declared by the Secretary pursuant to section
319 of the Public Health Service Act (42 U.S.C. 247d) with respect to
the COVID-19 pandemic.''.
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