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H.R. 7692, Reopen Schools Safely Act

Summary

House bill 7692 of the 116th Congress, 2D Session, is the Reopen Schools Safely Act, 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. Titus introduced it on July 20, 2020, and it was referred to the Committee on Education and Labor. Section 2 authorizes $90,000,000,000 to be appropriated to carry out the grant program for fiscal years 2020 through 2022.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr7692Ih Bills 116Hr7692Ih
Case
Bills Bills 116Hr7692Ih Bills 116Hr7692Ih

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“H.R. 7692, Reopen Schools Safely Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7692ih-bills-116hr7692ih/, SHA-256 d51bbc64c516cf32207578c47c93782e743e64b78b1ce802923c70c2c7448d92.

Full text

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                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                          H. R. 7692
                                                                     To provide a grant program for elementary schools, secondary schools, and
                                                                         institutions of higher education to help offset costs associated with com-
                                                                         plying with guidelines, recommendations, and other public health commu-
                                                                         nications 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 HOUSE OF REPRESENTATIVES
                                                                                                    JULY 20, 2020
                                                                      Ms. TITUS introduced the following bill; which was referred to the Committee
                                                                                               on Education and Labor




                                                                                                               A BILL
                                                                     To provide a grant program for elementary schools, sec-
                                                                        ondary schools, and institutions of higher education to
                                                                        help offset costs associated with complying with guide-
                                                                        lines, recommendations, and other public health commu-
                                                                        nications 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.

                                                                       1              Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,




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                                                                       1     SECTION 1. SHORT TITLE.

                                                                       2              This Act may be cited as the ‘‘Reopen Schools Safely
                                                                       3 Act’’.
                                                                       4     SEC. 2. STATE GRANT PROGRAM TO SAFELY REOPEN

                                                                       5                             SCHOOLS.

                                                                       6              (a) DEFINITIONS.—In this section:
                                                                       7                       (1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
                                                                       8              has the meaning given the term ‘‘Indian tribe’’ in
                                                                       9              section 4 of the Indian Self-Determination and Edu-
                                                                     10               cation Assistance Act (25 U.S.C. 5304).
                                                                     11                        (2) INSTITUTION OF HIGHER EDUCATION.—The
                                                                     12               term ‘‘institution of higher education’’ has the
                                                                     13               meaning given the term in section 102 of the Higher
                                                                     14               Education Act of 1965 (20 U.S.C. 1002).
                                                                     15                        (3) LOCAL EDUCATIONAL AGENCY.—The term
                                                                     16               ‘‘local educational agency’’ has the meaning given
                                                                     17               the term in section 8101 of the Elementary and Sec-
                                                                     18               ondary Education Act of 1965 (20 U.S.C. 7801).
                                                                     19                        (4) OUTLYING                     AREAS.—The                 term ‘‘outlying
                                                                     20               areas’’ means American Samoa, the Commonwealth
                                                                     21               of the Northern Mariana Islands, Guam, and the
                                                                     22               United States Virgin Islands.
                                                                     23                        (5) PERSONAL PROTECTIVE EQUIPMENT.—The
                                                                     24               term ‘‘personal protective equipment’’ has the mean-




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                                                                     25               ing given the term in section 20005 of the CARES
                                                                     26               Act (Public Law 116–136).
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                                                                       1                       (6) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       2              the Secretary of Education.
                                                                       3                       (7) STATE.—The term ‘‘State’’ means each of
                                                                       4              the 50 States, the District of Columbia, and the
                                                                       5              Commonwealth of Puerto Rico.
                                                                       6                       (8) TRIBAL ORGANIZATION.—The term ‘‘Tribal
                                                                       7              organization’’ has the meaning given the term ‘‘trib-
                                                                       8              al organization’’ in section 4 of the Indian Self-De-
                                                                       9              termination and Education Assistance Act (25
                                                                     10               U.S.C. 5304).
                                                                     11               (b) AUTHORIZATION OF GRANT PROGRAM.—
                                                                     12                        (1) RESERVATION.—From the amount appro-
                                                                     13               priated to carry out this section for a fiscal year, the
                                                                     14               Secretary shall reserve one-half of 1 percent for the
                                                                     15               Bureau of Indian Education and one-half of 1 per-
                                                                     16               cent for the outlying areas.
                                                                     17                        (2)        AUTHORIZATION.—The                             Secretary      shall
                                                                     18               award grants to States from allotments made to the
                                                                     19               States under paragraph (3) to offset costs associated
                                                                     20               with complying with guidelines, recommendations,
                                                                     21               and other public health communications issued by
                                                                     22               the Centers for Disease Control and Prevention, or
                                                                     23               a State, Indian Tribe, Tribal organization, or local-
                                                                     24               ity related to mitigating the hazards presented by



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                                                                     25               Coronavirus Disease 2019 (COVID–19).


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                                                                       1                       (3) ALLOTMENT FORMULA.—From the amount
                                                                       2              appropriated to carry out this section for a fiscal
                                                                       3              year and not reserved under paragraph (1), the Sec-
                                                                       4              retary shall allot to each State for such fiscal year
                                                                       5              an amount that is equal to the sum of—
                                                                       6                                 (A) the amount that bears the same rela-
                                                                       7                       tion to 60 percent of the amount appropriated
                                                                       8                       for such fiscal year and not reserved under
                                                                       9                       paragraph (1), as the number of individuals
                                                                     10                        aged 5 through 24 in the State bears to the
                                                                     11                        total number of such individuals in all States,
                                                                     12                        and
                                                                     13                                  (B) the amount that bears the same rela-
                                                                     14                        tion to 40 percent of the amount appropriated
                                                                     15                        for such fiscal year and not reserved under
                                                                     16                        paragraph (1), as the number of children count-
                                                                     17                        ed under section 1124(c) of the Elementary and
                                                                     18                        Secondary Education Act of 1965 (20 U.S.C.
                                                                     19                        6333(c)) in the State bears to the total number
                                                                     20                        of such children counted in all States.
                                                                     21               (c) APPLICATION.—
                                                                     22                        (1) IN GENERAL.—The Governor of a State
                                                                     23               that desires to receive a grant under this section
                                                                     24               shall submit an application to the Secretary at such



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                                                                       1              time, in such manner, and accompanied by such in-
                                                                       2              formation as the Secretary may require.
                                                                       3                       (2) TIMELINE.—The Secretary shall—
                                                                       4                                 (A) not later than 15 days after the date
                                                                       5                       of enactment of this Act, issue a notification for
                                                                       6                       applications for grants under this section; and
                                                                       7                                 (B) not later than 30 days after the date
                                                                       8                       of notification for applications for grants under
                                                                       9                       this section, begin to award grants under this
                                                                     10                        section.
                                                                     11               (d) ALLOWABLE USES OF FUNDS.—
                                                                     12                        (1) IN          GENERAL.—A                    State that receives a
                                                                     13               grant under this section shall use not less than 95
                                                                     14               percent of the grant funds to award subgrants only
                                                                     15               to local educational agencies or institutions of higher
                                                                     16               education to enable such agencies and institutions to
                                                                     17               offset costs associated with complying with guide-
                                                                     18               lines, recommendations, and other public health
                                                                     19               communications issued by the Centers for Disease
                                                                     20               Control and Prevention, or a State, Indian Tribe,
                                                                     21               Tribal organization, or locality related to mitigating
                                                                     22               the hazards presented by Coronavirus Disease 2019
                                                                     23               (COVID–19), including by carrying out the fol-
                                                                     24               lowing:



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                                                                       1                                 (A) Designing and implementing exposure
                                                                       2                       control plans.
                                                                       3                                 (B) Hiring personnel and purchasing
                                                                       4                       equipment necessary for health screenings, in-
                                                                       5                       cluding temperature screenings.
                                                                       6                                 (C) Purchasing in vitro diagnostic products
                                                                       7                       (as defined in section 809.3 of title 21, Code of
                                                                       8                       Federal Regulations) for the detection of
                                                                       9                       SARS–CoV–2 or the diagnosis of the virus that
                                                                     10                        causes COVID–19 that are approved, cleared,
                                                                     11                        or authorized under section 510(k), 513, or 564
                                                                     12                        of the Federal Food, Drug, and Cosmetic Act
                                                                     13                        (21 U.S.C. 360(k); 360c; 360bbb–3), including
                                                                     14                        both diagnostic and serological tests, as appro-
                                                                     15                        priate.
                                                                     16                                  (D) Purchasing and installing physical
                                                                     17                        barriers          and        reconfiguring                 physical      public
                                                                     18                        school buildings, including classrooms and other
                                                                     19                        aspects of the school’s learning environment, to
                                                                     20                        provide for adequate social distancing.
                                                                     21                                  (E) Providing students, educators, and
                                                                     22                        school staff with personal protective equipment.
                                                                     23                                  (F) Purchasing sanitation supplies, includ-
                                                                     24                        ing EPA-approved disinfectant and hiring ade-



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                                                                     25                        quate personnel to conduct school cleanings.


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                                                                       1                                 (G) Developing and providing training re-
                                                                       2                       lated to COVID–19, including the use of per-
                                                                       3                       sonal protective equipment.
                                                                       4                                 (H) Purchasing and installing new ventila-
                                                                       5                       tion systems, as necessary.
                                                                       6                                 (I) Purchasing any other items, personnel,
                                                                       7                       or        services        determined                necessary            or   rec-
                                                                       8                       ommended by the Secretary or a State, Indian
                                                                       9                       Tribe, Tribal organization, or locality related to
                                                                     10                        mitigating the hazards presented by COVID–
                                                                     11                        19.
                                                                     12                                  (J) Hiring transportation personnel and
                                                                     13                        purchasing vehicles to transport students.
                                                                     14                                  (K) Purchasing connected devices for stu-
                                                                     15                        dents to use at home, high-speed internet or
                                                                     16                        broadband access, or other technology to ensure
                                                                     17                        students can complete all schoolwork at home.
                                                                     18                                  (L) Purchasing secure, third-party applica-
                                                                     19                        tions for symptom monitoring and associated
                                                                     20                        information technology services.
                                                                     21                        (2) CONSULTATION.—A State that receives a
                                                                     22               grant under this section shall engage in meaningful
                                                                     23               consultation on the distribution of grant funds with
                                                                     24               local educational agencies, institutions of higher edu-



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                                                                     25               cation, labor organizations, parents, students, school


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                                                                       1              support staff, public health experts, the State edu-
                                                                       2              cational agency, and educators.
                                                                       3                       (3) ADMINISTRATIVE FUNDS.—A State that re-
                                                                       4              ceives a grant under this section may reserve not
                                                                       5              more than 5 percent of the grant funds for adminis-
                                                                       6              trative costs and to develop State standards for miti-
                                                                       7              gating COVID–19 in schools.
                                                                       8                       (4) APPLICATION FOR SUBGRANTS.—A State
                                                                       9              that receives a grant under this section shall estab-
                                                                     10               lish an application process for local educational
                                                                     11               agencies and institutions of higher education to
                                                                     12               apply for subgrants under this section.
                                                                     13               (e) REIMBURSEMENT OF FUNDS.—
                                                                     14                        (1) IN          GENERAL.—A                    State that receives a
                                                                     15               grant under this section may reimburse a local edu-
                                                                     16               cational agency or institution of higher education for
                                                                     17               costs associated with safely reopening if the local
                                                                     18               educational agency or institution of higher education
                                                                     19               purchased or had expenditures that qualify as an al-
                                                                     20               lowable use of funds under subsection (d).
                                                                     21                        (2) DATE OF REIMBURSEMENT ELIGIBILITY.—
                                                                     22               A local educational agency or institution of higher
                                                                     23               education may only be reimbursed under paragraph
                                                                     24               (1) for a cost incurred after the date of the COVID–



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                                                                     25               19 national emergency.


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                                                                       1                       (3) COVID–19                         NATIONAL            EMERGENCY.—In

                                                                       2              this subsection, the term ‘‘COVID–19 national
                                                                       3              emergency’’ means the national emergency declared
                                                                       4              by the President under the National Emergencies
                                                                       5              Act (50 U.S.C. 1601 et seq.) on March 13, 2020,
                                                                       6              with respect to the coronavirus.
                                                                       7              (f) RECEIPTS AND RECORDS.—
                                                                       8                       (1) IN          GENERAL.—A                    State that receives a
                                                                       9              grant under this section or a local educational agen-
                                                                     10               cy or institution of higher education that receives a
                                                                     11               subgrant under this section shall keep all receipts
                                                                     12               and records on the use of such grant or subgrant
                                                                     13               funds.
                                                                     14                        (2)        RECEIPTS                  FOR       REIMBURSEMENT             OF

                                                                     15               FUNDS.—Prior                   to reimbursing a local educational
                                                                     16               agency or institution of education for an allowable
                                                                     17               use of funds under subsection (d) pursuant to sub-
                                                                     18               section (e), the State shall certify that such funds
                                                                     19               were spent on expenses that are deemed an allowable
                                                                     20               use of funds as described in subsection (d).
                                                                     21               (g) REPORTS.—
                                                                     22                        (1) LOCAL EDUCATIONAL AGENCY AND INSTI-
                                                                     23               TUTION OF HIGHER EDUCATION REPORTS.—Each

                                                                     24               local educational agency or institution of higher edu-



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                                                                     25               cation that receives a subgrant under this section


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                                                                       1              shall submit a report to the State that awarded the
                                                                       2              subgrant that details the use of the subgrant funds.
                                                                       3                       (2) STATE REPORTS.—Each State that receives
                                                                       4              a grant under this section shall submit an annual re-
                                                                       5              port to the Secretary that details the use of the
                                                                       6              grant funds, including the amount of funds reim-
                                                                       7              bursed by the State to local educational agencies or
                                                                       8              institutions of higher education.
                                                                       9                       (3)        SECRETARY                   REPORT.—The                       Secretary
                                                                     10               shall—
                                                                     11                                  (A) submit an annual report to Congress
                                                                     12                        on the grant program carried out under this
                                                                     13                        section; and
                                                                     14                                  (B) make such report publicly available.
                                                                     15               (h) RETURNING FUNDS.—
                                                                     16                        (1) IN GENERAL.—Any funds received under
                                                                     17               this section that are unexpended on the date that is
                                                                     18               1 year after the date of receipt of the funds shall be
                                                                     19               returned to the Secretary.
                                                                     20                        (2) REALLOCATION.—The Secretary shall re-
                                                                     21               allocate funds returned under paragraph (1) to the
                                                                     22               remaining States in accordance with subsection
                                                                     23               (b)(3).
                                                                     24               (i) RESTRICTIONS.—A State that receives a grant



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                                                                     25 under this section or a local educational agency or institu-


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                                                                       1 tion of higher education that receives a subgrant under
                                                                       2 this section may not resell any unused supplies or mate-
                                                                       3 rials purchased with funds received under this section.
                                                                       4              (j) MAINTENANCE OF EFFORT.—A State’s applica-
                                                                       5 tion for grant funds under this section shall include assur-
                                                                       6 ances that the State shall, to the greatest extent prac-
                                                                       7 ticable, maintain support for elementary and secondary
                                                                       8 education, and State support for higher education (which
                                                                       9 shall include State funding to institutions of higher edu-
                                                                     10 cation and State need-based financial aid, and shall not
                                                                     11 include support for capital projects or for research and
                                                                     12 development or tuition and fees paid by students) in fiscal
                                                                     13 years 2020, 2021, and 2022 at least at the levels of such
                                                                     14 support that is the average of such State’s support for
                                                                     15 elementary and secondary education and for higher edu-
                                                                     16 cation provided in the 3 fiscal years preceding the date
                                                                     17 of enactment of this Act.
                                                                     18               (k) EQUITABLE SERVICES.—
                                                                     19                        (1) IN GENERAL.—
                                                                     20                                  (A) PROVISION                      OF      EQUITABLE           SERV-

                                                                     21                        ICES.—Subject to subparagraphs (B) and (C),

                                                                     22                        a local educational agency receiving funds
                                                                     23                        under this section shall provide equitable serv-
                                                                     24                        ices to students from low-income families, and



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                                                                     25                        teachers of such students, in non-public schools


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                                                                       1                       in the same manner as provided under section
                                                                       2                       1117 of the Elementary and Secondary Edu-
                                                                       3                       cation Act of 1965 (20 U.S.C. 6320) (including
                                                                       4                       the        specific          requirements                  of       subsections
                                                                       5                       (a)(4)(A)(i) and (c) of such section), subject to
                                                                       6                       paragraph (2), as determined in consultation
                                                                       7                       with representatives of non-public schools.
                                                                       8                                 (B) DETERMINATION                          OF PROPORTIONAL

                                                                       9                       SHARE.—In determining the proportional share

                                                                     10                        of expenditures for the equitable services de-
                                                                     11                        scribed in subparagraph (A), a local educational
                                                                     12                        agency shall use the proportion determined
                                                                     13                        under section 1117(a)(4)(A)(i) of the Elemen-
                                                                     14                        tary and Secondary Education Act of 1965 (20
                                                                     15                        U.S.C. 6320(a)(4)(A)(i)) for the purposes of
                                                                     16                        part A of title I of such Act for fiscal year
                                                                     17                        2019.
                                                                     18                                  (C) ELIGIBLE                  STUDENTS                 AND     TEACH-

                                                                     19                        ERS.—A            local educational agency required to
                                                                     20                        provide equitable services under subparagraph
                                                                     21                        (A) shall provide such services to students and
                                                                     22                        teachers at non-public schools whose students
                                                                     23                        or teachers were eligible to receive equitable
                                                                     24                        services from such local educational agency dur-



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                                                                     25                        ing fiscal year 2019 under section 1117 of the


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                                                                       1                       Elementary and Secondary Education Act of
                                                                       2                       1965 (20 U.S.C. 6320).
                                                                       3                       (2) PUBLIC CONTROL OF FUNDS.—The control
                                                                       4              of funds for the services and assistance provided to
                                                                       5              a non-public school under paragraph (1), and title to
                                                                       6              materials, equipment, and property purchased with
                                                                       7              such funds, shall be in a public agency, and a public
                                                                       8              agency shall administer such funds, materials, equip-
                                                                       9              ment, and property and shall provide such services
                                                                     10               (or may contract for the provision of such services
                                                                     11               with a public or private entity).
                                                                     12               (l) AUTHORIZATION                         OF      APPROPRIATIONS.—There
                                                                     13 are authorized to be appropriated to carry out this section
                                                                     14 $90,000,000,000 for fiscal years 2020 through 2022.
                                                                                                                                Æ




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