[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4081 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4081

 To provide a grant program for elementary schools, secondary schools, 
 and institutions of higher education to help offset costs associated 
   with complying with guidelines, recommendations, and other public 
  health communications issued by the Centers for Disease Control and 
Prevention, or a State, Indian Tribe, Tribal organization, or locality 
        related to mitigating the hazards presented by COVID-19.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2020

 Ms. Stabenow (for herself, Mr. Cassidy, and Mr. Jones) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide a grant program for elementary schools, secondary schools, 
 and institutions of higher education to help offset costs associated 
   with complying with guidelines, recommendations, and other public 
  health communications issued by the Centers for Disease Control and 
Prevention, or a State, Indian Tribe, Tribal organization, or locality 
        related to mitigating the hazards presented by COVID-19.

    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 ``Reopen Schools Safely Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In order to safely return to school in the fall, 
        elementary schools, secondary schools, and institutions of 
        higher education must follow the guidelines provided by the 
        Centers for Disease Control and Prevention (CDC), States, 
        Indian Tribes, Tribal organizations, or localities.
            (2) In order to follow the guidelines provided by the CDC 
        and other entities, schools and institutions must have the 
        resources, training, and expertise necessary to ensure 
        students, faculty, and staff can return to a safe school 
        environment.
            (3) Safely reopening schools is critical to the long-term 
        health and well-being of children, especially children from 
        low-income households and children with disabilities.
            (4) If schools are unable to safely reopen in the fall of 
        2020, student achievement gaps will be exacerbated, the digital 
        divide will widen, social and emotional learning needs will 
        become greater, and parents of young children will be forced to 
        choose between paying for daycare services and returning to 
        work or staying home with their children and forgoing 
        employment opportunities.
            (5) For many institutions of higher education, safely 
        reopening campuses is essential to long-term survivability, 
        especially for institutions that serve a high percentage of 
        low-income, Federal Pell Grant-eligible students.
            (6) On June 10, 2020, the Committee on Health, Education, 
        Labor, and Pensions of the Senate held the hearing titled, 
        ``COVID-19: Going Back to School Safely'' where Ms. Susana 
        Cordova, the Superintendent of Denver Public Schools, testified 
        that, after conducting a community-wide survey, the survey was 
        ``loud and clear: prioritize health and wellness''.
            (7) On June 4, 2020, the Committee on Health, Education, 
        Labor, and Pensions of the Senate held the hearing titled, 
        ``COVID-19: Going Back to College Safely'', where Dr. Logan 
        Hampton, the President of Lane College in the State of 
        Tennessee, testified that Congress needs to ``provide funding 
        for the safety of our students, faculty, and staff'' and that 
        doing so will ``help institutions adequately prepare and 
        effectively execute the return of students to the classroom as 
        we protect our campuses and larger communities''.
            (8) Safely reopening elementary schools, secondary schools, 
        and institutions of higher education requires robust funding 
        support to ensure schools and institutions are not left with 
        unfunded mandates.

SEC. 3. STATE GRANT PROGRAM TO SAFELY REOPEN SCHOOLS.

    (a) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (3) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (4) Outlying areas.--The term ``outlying areas'' means 
        American Samoa, the Commonwealth of the Northern Mariana 
        Islands, Guam, and the United States Virgin Islands.
            (5) Personal protective equipment.--The term ``personal 
        protective equipment'' has the meaning given the term in 
        section 20005 of the CARES Act (Public Law 116-136).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (7) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (8) Tribal organization.--The term ``Tribal organization'' 
        has the meaning given the term ``tribal organization'' in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5304).
    (b) Authorization of Grant Program.--
            (1) Reservation.--From the amount appropriated to carry out 
        this section for a fiscal year, the Secretary shall reserve 
        one-half of 1 percent for the Bureau of Indian Education and 
        one-half of 1 percent for the outlying areas.
            (2) Authorization.--The Secretary shall award grants to 
        States from allotments made to the States under paragraph (3) 
        to offset costs associated with complying with guidelines, 
        recommendations, and other public health communications issued 
        by the Centers for Disease Control and Prevention, or a State, 
        Indian Tribe, Tribal organization, or locality related to 
        mitigating the hazards presented by Coronavirus Disease 2019 
        (COVID-19).
            (3) Allotment formula.--From the amount appropriated to 
        carry out this section for a fiscal year and not reserved under 
        paragraph (1), the Secretary shall allot to each State for such 
        fiscal year an amount that is equal to the sum of--
                    (A) the amount that bears the same relation to 60 
                percent of the amount appropriated for such fiscal year 
                and not reserved under paragraph (1), as the number of 
                individuals aged 5 through 24 in the State bears to the 
                total number of such individuals in all States; and
                    (B) the amount that bears the same relation to 40 
                percent of the amount appropriated for such fiscal year 
                and not reserved under paragraph (1), as the number of 
                children counted under section 1124(c) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6333(c)) in the State bears to the total number 
                of such children counted in all States.
    (c) Application.--
            (1) In general.--The Governor of a State that desires to 
        receive a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may require.
            (2) Timeline.--The Secretary shall--
                    (A) not later than 15 days after the date of 
                enactment of this Act, issue a notification for 
                applications for grants under this section; and
                    (B) not later than 30 days after the date of 
                notification for applications for grants under this 
                section, begin to award grants under this section.
    (d) Allowable Uses of Funds.--
            (1) In general.--A State that receives a grant under this 
        section shall use not less than 95 percent of the grant funds 
        to award subgrants only to local educational agencies or 
        institutions of higher education to enable such agencies and 
        institutions to offset costs associated with complying with 
        guidelines, recommendations, and other public health 
        communications issued by the Centers for Disease Control and 
        Prevention, or a State, Indian Tribe, Tribal organization, or 
        locality related to mitigating the hazards presented by 
        Coronavirus Disease 2019 (COVID-19), including by carrying out 
        the following:
                    (A) Designing and implementing exposure control 
                plans.
                    (B) Hiring personnel and purchasing equipment 
                necessary for health screenings, including temperature 
                screenings.
                    (C) Purchasing in vitro diagnostic products (as 
                defined in section 809.3 of title 21, Code of Federal 
                Regulations) for the detection of SARS-CoV-2 or the 
                diagnosis of the virus that causes COVID-19 that are 
                approved, cleared, or authorized under section 510(k), 
                513, or 564 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 360(k); 360c; 360bbb-3), including both 
                diagnostic and serological tests, as appropriate.
                    (D) Purchasing and installing physical barriers and 
                reconfiguring physical public school buildings, 
                including classrooms and other aspects of the school's 
                learning environment, to provide for adequate social 
                distancing.
                    (E) Providing students, educators, and school staff 
                with personal protective equipment.
                    (F) Purchasing sanitation supplies, including EPA-
                approved disinfectant and hiring adequate personnel to 
                conduct school cleanings.
                    (G) Developing and providing training related to 
                COVID-19, including the use of personal protective 
                equipment.
                    (H) Purchasing and installing new ventilation 
                systems, as necessary.
                    (I) Purchasing any other items, personnel, or 
                services determined necessary or recommended by the 
                Secretary or a State, Indian Tribe, Tribal 
                organization, or locality related to mitigating the 
                hazards presented by COVID-19.
                    (J) Hiring transportation personnel and purchasing 
                vehicles to transport students.
                    (K) Purchasing connected devices for students to 
                use at home, high-speed internet or broadband access, 
                or other technology to ensure students can complete all 
                schoolwork at home.
                    (L) Purchasing secure, third-party applications for 
                symptom monitoring and associated information 
                technology services.
            (2) Consultation.--A State that receives a grant under this 
        section shall engage in meaningful consultation on the 
        distribution of grant funds with local educational agencies, 
        institutions of higher education, labor organizations, parents, 
        students, school support staff, public health experts, the 
        State educational agency, and educators.
            (3) Administrative funds.--A State that receives a grant 
        under this section may reserve not more than 5 percent of the 
        grant funds for administrative costs and to develop State 
        standards for mitigating COVID-19 in schools.
            (4) Application for subgrants.--A State that receives a 
        grant under this section shall establish an application process 
        for local educational agencies and institutions of higher 
        education to apply for subgrants under this section.
    (e) Reimbursement of Funds.--
            (1) In general.--A State that receives a grant under this 
        section may reimburse a local educational agency or institution 
        of higher education for costs associated with safely reopening 
        if the local educational agency or institution of higher 
        education purchased or had expenditures that qualify as an 
        allowable use of funds under subsection (d).
            (2) Date of reimbursement eligibility.--A local educational 
        agency or institution of higher education may only be 
        reimbursed under paragraph (1) for a cost incurred after the 
        date of the COVID-19 national emergency.
            (3) COVID-19 national emergency.--In this subsection, the 
        term ``COVID-19 national emergency'' means the national 
        emergency declared by the President under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, 
        with respect to the coronavirus.
    (f) Receipts and Records.--
            (1) In general.--A State that receives a grant under this 
        section or a local educational agency or institution of higher 
        education that receives a subgrant under this section shall 
        keep all receipts and records on the use of such grant or 
        subgrant funds.
            (2) Receipts for reimbursement of funds.--Prior to 
        reimbursing a local educational agency or institution of 
        education for an allowable use of funds under subsection (d) 
        pursuant to subsection (e), the State shall certify that such 
        funds were spent on expenses that are deemed an allowable use 
        of funds as described in subsection (d).
    (g) Reports.--
            (1) Local educational agency and institution of higher 
        education reports.--Each local educational agency or 
        institution of higher education that receives a subgrant under 
        this section shall submit a report to the State that awarded 
        the subgrant that details the use of the subgrant funds.
            (2) State reports.--Each State that receives a grant under 
        this section shall submit an annual report to the Secretary 
        that details the use of the grant funds, including the amount 
        of funds reimbursed by the State to local educational agencies 
        or institutions of higher education.
            (3) Secretary report.--The Secretary shall--
                    (A) submit an annual report to Congress on the 
                grant program carried out under this section; and
                    (B) make such report publicly available.
    (h) Returning Funds.--
            (1) In general.--Any funds received under this section that 
        are unexpended on the date that is 1 year after the date of 
        receipt of the funds shall be returned to the Secretary.
            (2) Reallocation.--The Secretary shall reallocate funds 
        returned under paragraph (1) to the remaining States in 
        accordance with subsection (b)(3).
    (i) Restrictions.--A State that receives a grant under this section 
or a local educational agency or institution of higher education that 
receives a subgrant under this section may not resell any unused 
supplies or materials purchased with funds received under this section.
    (j) Maintenance of Effort.--A State's application for grant funds 
under this section shall include assurances that the State shall, to 
the greatest extent practicable, maintain support for elementary and 
secondary education, and State support 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 fiscal years 2020, 2021, and 2022 at least at the 
levels of such support that is the average of such State's support for 
elementary and secondary education and for higher education provided in 
the 3 fiscal years preceding the date of enactment of this Act.
    (k) Equitable Services.--
            (1) In general.--
                    (A) Provision of equitable services.--Subject to 
                subparagraphs (B) and (C), a local educational agency 
                receiving funds under this section shall provide 
                equitable services to students from low-income 
                families, and teachers of such students, in non-public 
                schools in the same manner as provided under section 
                1117 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 6320) (including the specific 
                requirements of subsections (a)(4)(A)(i) and (c) of 
                such section), subject to paragraph (2), as determined 
                in consultation with representatives of non-public 
                schools.
                    (B) Determination of proportional share.--In 
                determining the proportional share of expenditures for 
                the equitable services described in subparagraph (A), a 
                local educational agency shall use the proportion 
                determined under section 1117(a)(4)(A)(i) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6320(a)(4)(A)(i)) for the purposes of part A of 
                title I of such Act for fiscal year 2019.
                    (C) Eligible students and teachers.--A local 
                educational agency required to provide equitable 
                services under subparagraph (A) shall provide such 
                services to students and teachers at non-public schools 
                whose students or teachers were eligible to receive 
                equitable services from such local educational agency 
                during fiscal year 2019 under section 1117 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6320).
            (2) Public control of funds.--The control of funds for the 
        services and assistance provided to a non-public school under 
        paragraph (1), 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).
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal years 2020 through 2022.
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