[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4782 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4782

  To authorize the Secretary of Education to award grants to improve 
   indoor air quality in elementary schools and secondary schools in 
     response to the COVID-19 public health emergency using proven 
                             technologies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2020

 Mr. Heinrich introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of Education to award grants to improve 
   indoor air quality in elementary schools and secondary schools in 
     response to the COVID-19 public health emergency using proven 
                             technologies.

    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 ``Keeping Schools Safe Act''.

SEC. 2. GRANT PROGRAM TO IMPROVE INDOOR AIR QUALITY IN ELEMENTARY 
              SCHOOLS AND SECONDARY SCHOOLS.

    (a) Definitions.--In this section:
            (1) ESEA definitions.--The terms ``educational service 
        agency'' and ``local educational agency'' have the meanings 
        given the terms in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (2) Covid-19 public health emergency.--The term ``COVID-19 
        public health emergency'' means the public health emergency 
        declared by the Secretary of Health and Human Services under 
        section 319 of the Public Health Service Act (42 U.S.C. 247d) 
        on January 31, 2020, with respect to COVID-19, including any 
        renewal of such declaration.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a local educational agency;
                    (B) an educational service agency; or
                    (C) the Bureau of Indian Education.
            (4) High-need school.--The term ``high-need school'' means 
        a school that, based on the most recent data available, meets 
        one or both of the following:
                    (A) The school is in the highest quartile of 
                schools in a ranking of all schools served by a local 
                educational agency, ranked in descending order by 
                percentage of students from low-income families 
                enrolled in such schools, as determined by the local 
                educational agency based on one of the following 
                measures of poverty:
                            (i) The percentage of students aged 5 
                        through 17 in poverty counted in the most 
                        recent census data approved by the Secretary.
                            (ii) The percentage of students eligible 
                        for a free or reduced price school lunch under 
                        the Richard B. Russell National School Lunch 
                        Act (42 U.S.C. 1751 et seq.).
                            (iii) The percentage of students in 
                        families receiving assistance under the State 
                        program funded under part A of title IV of the 
                        Social Security Act (42 U.S.C. 601 et seq.).
                            (iv) The percentage of students eligible to 
                        receive medical assistance under the Medicaid 
                        program (42 U.S.C. 1396 et seq.).
                            (v) A composite of 2 or more of the 
                        measures described in subclauses (I) through 
                        (IV).
                    (B) In the case of--
                            (i) an elementary school, the school serves 
                        students not less than 60 percent of whom are 
                        eligible for a free or reduced price school 
                        lunch under the Richard B. Russell National 
                        School Lunch Act; or
                            (ii) any other school that is not an 
                        elementary school, the other school serves 
                        students not less than 45 percent of whom are 
                        eligible for a free or reduced price school 
                        lunch under the Richard B. Russell National 
                        School Lunch Act.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
    (b) Authorization of Grant Program.--
            (1) In general.--The Secretary shall award grants, on a 
        competitive basis, to eligible entities to enable the entities 
        to improve the indoor air quality in the schools served by such 
        entities in response to the COVID-19 public health emergency.
            (2) Grant amounts.--Grants awarded under this section shall 
        be not less than $5,000 and not more than $20,000,000, except 
        as provided in paragraph (3).
            (3) Reservation.--The Secretary shall reserve 5 percent of 
        amounts appropriated to carry out this section to award a grant 
        to the Bureau of Indian Education to improve the indoor air 
        quality in the schools operated or funded by the Bureau of 
        Indian Education.
            (4) Notice for proposals and award of grants.--Not later 
        than--
                    (A) 30 days after the date of enactment of this 
                Act, the Secretary shall issue a notice for proposals 
                for grants under this section; and
                    (B) 90 days after the date of enactment of this 
                Act, the Secretary shall award all grants under this 
                section.
    (c) Applications.--An eligible entity 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. Such application shall include information 
about the age of the school buildings, and the air ventilation and 
filtration systems of such buildings, to be assisted with funds 
provided under this section.
    (d) Considerations and Priority in Awarding Grants.--In awarding 
grants under this section, the Secretary shall--
            (1) ensure geographic diversity by proportionally 
        distributing such grants across rural, suburban, and urban 
        areas;
            (2) consider the age of school buildings proposed to be 
        assisted with funds provided under this section; and
            (3) give priority to--
                    (A) eligible entities that serve high-need schools;
                    (B) eligible entities that serve a health 
                professional shortage area (as defined in section 332 
                of the Public Health Service Act (42 U.S.C. 254e)); and
                    (C) eligible entities that serve an area that has a 
                poverty rate that is greater than 20 percent.
    (e) Technical Guidance.--
            (1) In general.--
                    (A) Availability.--By not later than 21 days after 
                the date of enactment of this Act, the Secretary shall 
                make available technical guidance for eligible entities 
                regarding school facilities improvements directly 
                related to COVID-19 to address the safety and health of 
                students and staff, including guidance on--
                            (i) indoor, outdoor, or combined air or air 
                        pressure ventilation, filtration systems, or 
                        air cleaners;
                            (ii) equipment, supplies, and technical 
                        services necessary to provide indoor 
                        environmental air quality in a manner that--
                                    (I) optimizes safety and health for 
                                children and staff; and
                                    (II) reduces viral transmission 
                                risks to the greatest extent 
                                practicable;
                            (iii) making facility changes, repairs, or 
                        monitoring to address air filtration and 
                        ventilation; and
                            (iv) technologies that effectively monitor 
                        and evaluate air quality of a system.
                    (B) Evidence.--A technology or repair for which 
                guidance is provided under this subsection shall be 
                supported by evidence that the technology or repair can 
                effectively improve or monitor indoor air quality.
            (2) Development of guidance.--The Secretary shall develop 
        the technical guidance described in paragraph (1) in 
        consultation with--
                    (A) the Director of the Centers for Disease Control 
                and Prevention;
                    (B) national organizations with expertise in public 
                health and infectious disease, including with specific 
                expertise in preventing and treating infectious disease 
                in children;
                    (C) nationally recognized not-for-profit 
                organizations or institutions of higher education with 
                expertise in heating, ventilation, and air conditioning 
                building systems and standards development;
                    (D) national organizations with expertise in the 
                education or school leadership of children and that 
                represent the interests of educators and school 
                leaders; and
                    (E) other Federal agencies as appropriate.
    (f) Use of Funds.--An eligible entity that receives a grant under 
this section shall use the grant funds to improve or monitor the indoor 
air quality, ventilation, or circulation in the schools, including the 
hiring and training of appropriate staff, served by the eligible 
entity, in accordance with the guidance issued under subsection (e).
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000,000.
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