Pandemic Darlings The pandemic economy, in original documents
Home Source documents H.R. 3418, Leasing Every Available Real property Now Act of 2021

H.R. 3418, Leasing Every Available Real property Now Act of 2021

Summary

H.R. 3418, the Leasing Every Available Real property Now Act of 2021 (LEARN Act of 2021), was introduced in the House of Representatives May 20, 2021, by Ms. Mace. It was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Oversight and Reform. Section 2 allows the Administrator of the General Services Administration or the head of an Executive agency to lease or sublease available Federal civilian real property to nearby local educational agencies to expand in-person education during the COVID–19 public health emergency. A lease may not exceed 6 months and ends not later than 14 days after the emergency expires.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 117Hr3418Ih Bills 117Hr3418Ih
Case
Bills Bills 117Hr3418Ih Bills 117Hr3418Ih

Cite this document

“H.R. 3418, Leasing Every Available Real property Now Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr3418ih-bills-117hr3418ih/, SHA-256 b970b0596a2830cd0c60c230da0c9019d989ce83f075bf2d0b4b2eb2b73f2e57.

Full text

                                                                                                                                                                          I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                             H. R. 3418
                                                                             To permit leasing of available Federal real property to expand in-person
                                                                                     education during COVID–19 public health emergency.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                        MAY 20, 2021
                                                                       Ms. MACE introduced the following bill; which was referred to the Committee
                                                                           on Transportation and Infrastructure, and in addition to the Committee
                                                                           on Oversight and Reform, for a period to be subsequently determined by
                                                                           the Speaker, in each case for consideration of such provisions as fall with-
                                                                           in the jurisdiction of the committee concerned




                                                                                                                 A BILL
                                                                       To permit leasing of available Federal real property to ex-
                                                                          pand in-person education during COVID–19 public
                                                                          health emergency.

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

                                                                         4              This Act may be cited as the ‘‘Leasing Every Avail-
                                                                         5 able Real property Now Act of 2021’’ or the ‘‘LEARN
                                                                         6 Act of 2021’’.




kjohnson on DSK79L0C42PROD with BILLS



                                        VerDate Sep 11 2014   05:23 Jun 22, 2021   Jkt 019200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6201   E:\BILLS\H3418.IH   H3418
                                                                                                                                  2
                                                                         1     SEC. 2. USE OF REAL PROPERTY FOR IN-PERSON EDU-

                                                                         2                             CATION            DURING               PUBLIC        HEALTH        EMER-

                                                                         3                             GENCY.

                                                                         4              Notwithstanding any other provision of law, the Ad-
                                                                         5 ministrator of the General Services Administration or the
                                                                         6 head of an Executive agency may lease or sublease avail-
                                                                         7 able Federal civilian real property under the control of
                                                                         8 such agency or the Administration to nearby local edu-
                                                                         9 cational agencies for the purpose of expanding in-person
                                                                       10 education for students of elementary schools and sec-
                                                                       11 ondary schools for a temporary period on an emergency
                                                                       12 basis during the public health emergency declared by the
                                                                       13 Secretary of Health and Human Services under section
                                                                       14 319 of the Public Health Service Act (42 U.S.C. 247d)
                                                                       15 relating to COVID–19.
                                                                       16      SEC. 3. NATURE, DURATION, AND TERMINATION OF LEASES

                                                                       17                              DURING PUBLIC HEALTH EMERGENCY.

                                                                       18               (a) DURATION AND TERMINATION.— Any lease or
                                                                       19 sublease entered into under this Act shall be for a period
                                                                       20 not to exceed 6 months and shall terminate not later than
                                                                       21 14 days after the expiration of the public health emer-
                                                                       22 gency declared by the Secretary of Health and Human
                                                                       23 Services under section 319 of the Public Health Service
                                                                       24 Act (42 U.S.C. 247d) relating to COVID–19.




kjohnson on DSK79L0C42PROD with BILLS
                                                                       25               (b) COST.—A lease or sublease entered into under
                                                                       26 this Act may be made at less than fair market value, but
                                                                                   •HR 3418 IH

                                        VerDate Sep 11 2014   05:23 Jun 22, 2021   Jkt 019200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6201   E:\BILLS\H3418.IH   H3418
                                                                                                                                  3
                                                                         1 in no event shall be made at less than the cost to the Exec-
                                                                         2 utive agency or the Administration of maintaining the
                                                                         3 property, or portion of the property, that is the subject
                                                                         4 of the lease or sublease.
                                                                         5              (c) REIMBURSEMENT OF UTILITIES.—Any local edu-
                                                                         6 cational agency leasing or subleasing a property from an
                                                                         7 Executive agency or the Administration under this Act
                                                                         8 shall reimburse the Executive agency or the Administra-
                                                                         9 tion for all utilities and other services provided for the
                                                                       10 property that is the subject of the lease or sublease at
                                                                       11 the actual cost of such utilities and services. In the case
                                                                       12 of a utility or service for which the cost attributable to
                                                                       13 such property is not separable, or the actual cost not cal-
                                                                       14 culable, the local educational agency shall reimburse the
                                                                       15 fair market value of the utility or service attributable to
                                                                       16 such property.
                                                                       17               (d) INCIDENTAL PERSONAL PROPERTY USE PER-
                                                                       18      MITTED.—Notwithstanding any other provision of law, a

                                                                       19 Federal agency entering into a lease or sublease with a
                                                                       20 local educational agency under this Act may permit the
                                                                       21 local educational agency to use Federal personal property
                                                                       22 located on site, including furniture.




kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 3418 IH

                                        VerDate Sep 11 2014   05:23 Jun 22, 2021   Jkt 019200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\H3418.IH   H3418
                                                                                                                                  4
                                                                         1     SEC. 4. SELECTION AND NOTIFICATION OF SUITABLE AND

                                                                         2                             AVAILABLE REAL PROPERTIES DURING PUB-

                                                                         3                             LIC HEALTH EMERGENCY.

                                                                         4              (a) REVIEW PROCESS.—The head of each Executive
                                                                         5 agency and the Administrator shall review all properties
                                                                         6 under the control of the agency or the Administration, as
                                                                         7 applicable, and affirmatively identify all properties that—
                                                                         8                        (1) would be suitable for use by local edu-
                                                                         9              cational agencies for in-person education of students
                                                                       10               of elementary schools and secondary schools; and
                                                                       11                         (2) are not anticipated to be needed for use by
                                                                       12               the Executive agency or the Administration during
                                                                       13               the following 9-month period.
                                                                       14               (b) NOTIFICATION.—Each Executive agency and the
                                                                       15 Administration shall—
                                                                       16                         (1) make available for leasing or subleasing by
                                                                       17               nearby local educational agencies any properties
                                                                       18               identified as available and suitable for use under
                                                                       19               subsection (a); and
                                                                       20                         (2) publish in the Federal Register notice of the
                                                                       21               availability of such properties.
                                                                       22               (c) PRIORITY FOR PROPERTY IN DISTRICT OF CO-
                                                                       23      LUMBIA.—An                  Executive agency and the Administration
                                                                       24 shall give priority to the public schools of the District of




kjohnson on DSK79L0C42PROD with BILLS
                                                                       25 Columbia in leases and subleases made available under


                                                                                   •HR 3418 IH

                                        VerDate Sep 11 2014   05:23 Jun 22, 2021   Jkt 019200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\H3418.IH   H3418
                                                                                                                                  5
                                                                         1 this Act for real property located in the District of Colum-
                                                                         2 bia.
                                                                         3     SEC. 5. USE OF SOAR ACT FUNDS FOR PUBLIC SCHOOLS OF

                                                                         4                             DISTRICT OF COLUMBIA.

                                                                         5              (a) FLEXIBILITY OF FUNDS RECEIVED THROUGH
                                                                         6     THE        SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS
                                                                         7 ACT.—
                                                                         8                        (1) IN          GENERAL.—Notwithstanding                                the re-
                                                                         9              quirements of the Scholarships for Opportunity and
                                                                       10               Results Act of 2011 (hereinafter referred to as the
                                                                       11               ‘‘SOAR Act’’), any public school of the District of
                                                                       12               Columbia may utilize funds received through SOAR
                                                                       13               Act grants for the purpose of leasing or subleasing
                                                                       14               available Federal real property to expand in-person
                                                                       15               education at such school during the public health
                                                                       16               emergency described in section 2.
                                                                       17                         (2) DIVERSION                       OF      FUNDS.—Recipients                of
                                                                       18               SOAR Act grants that were originally intended for
                                                                       19               use on particular projects to improve and expand the
                                                                       20               quality of public schools in the District of Columbia
                                                                       21               may divert or reprogram funds provided under such
                                                                       22               grants to cover the cost of leasing or subleasing
                                                                       23               available Federal real property to expand in-person
                                                                       24               education at public schools of the District of Colum-



kjohnson on DSK79L0C42PROD with BILLS
                                                                                   •HR 3418 IH

                                        VerDate Sep 11 2014   05:23 Jun 22, 2021   Jkt 019200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\H3418.IH   H3418
                                                                                                                                  6
                                                                         1              bia during the public health emergency described in
                                                                         2              section 2.
                                                                         3              (b) SUNSET.—This section shall cease to have an ef-
                                                                         4 fect on the date that is 90 days after the date on which
                                                                         5 the public health emergency declared under section 319
                                                                         6 of the Public Health Service Act (42 U.S.C. 247d) with
                                                                         7 respect to COVID–19 terminates.
                                                                         8     SEC. 6. ALLOWING USE OF STATE AND LOCAL RELIEF

                                                                         9                             FUNDS FOR IN-PERSON EDUCATION.

                                                                       10               (a)        CORONAVIRUS                        STATE         FISCAL            RECOVERY
                                                                       11 FUND.—Section 602(c)(1) of the Social Security Act (42
                                                                       12 U.S.C. 802(c)(1)) is amended—
                                                                       13                         (1) in subparagraph (C) by striking ‘‘or’’ at the
                                                                       14               end;
                                                                       15                         (2) in subparagraph (D) by striking the period
                                                                       16               and inserting ‘‘; or’’; and
                                                                       17                         (3) by adding at the end the following:
                                                                       18                                  ‘‘(E) for reimbursements for costs ex-
                                                                       19                         pended by public, private, and charter elemen-
                                                                       20                         tary schools and secondary schools (as such
                                                                       21                         terms are defined in the LEARN Act of 2021)
                                                                       22                         associated with returning to an in-person edu-
                                                                       23                         cation (as such term is defined in such Act), in-
                                                                       24                         cluding leasing or subleasing Federal civilian



kjohnson on DSK79L0C42PROD with BILLS
                                                                       25                         real property under such Act.’’.


                                                                                   •HR 3418 IH

                                        VerDate Sep 11 2014   05:23 Jun 22, 2021   Jkt 019200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\H3418.IH   H3418
                                                                                                                                   7
                                                                          1               (b)        CORONAVIRUS                       LOCAL          FISCAL               RECOVERY
                                                                          2 FUND.—Section 603(c)(1) of the Social Security Act (42
                                                                          3 U.S.C. 803(c)(1)) is amended—
                                                                          4                        (1) in subparagraph (C) by striking ‘‘or’’ at the
                                                                          5               end;
                                                                          6                        (2) in subparagraph (D) by striking the period
                                                                          7               and inserting ‘‘; or’’; and
                                                                          8                        (3) by adding at the end the following:
                                                                          9                                 ‘‘(E) for reimbursements for costs ex-
                                                                       10                          pended by public, private, and charter elemen-
                                                                       11                          tary schools and secondary schools (as such
                                                                       12                          terms are defined in the LEARN Act of 2021)
                                                                       13                          associated with returning to an in-person edu-
                                                                       14                          cation (as such term is defined in such Act), in-
                                                                       15                          cluding leasing or subleasing Federal civilian
                                                                       16                          real property under such Act.’’.
                                                                       17                 (c) EFFECTIVE DATE.—The amendments made by
                                                                       18 this section shall apply to payments made after the date
                                                                       19 of the enactment of the American Rescue Plan Act of
                                                                       20 2021 (Public Law 117–2).
                                                                       21          SEC. 7. DEFINITIONS.

                                                                       22                 In this Act:
                                                                       23                          (1) ADMINISTRATION.—The term ‘‘Administra-
                                                                       24                 tion’’ means the General Services Administration.



kjohnson on DSK79L0C42PROD with BILLS
                                                                                     •HR 3418 IH

                                        VerDate Sep 11 2014   02:32 Jul 07, 2021    Jkt 019200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\H3418.IH   H3418
                                                                                                                                  8
                                                                         1                        (2) ESEA               TERMS.—The                   terms ‘‘elementary
                                                                         2              school’’, ‘‘local educational agency’’, and ‘‘secondary
                                                                         3              school’’ have the meanings given those terms in sec-
                                                                         4              tion 8101 of the Elementary and Secondary Edu-
                                                                         5              cation Act of 1965 (20 U.S.C. 7801).
                                                                         6                        (3) EXECUTIVE AGENCY.—The term ‘‘Executive
                                                                         7              agency’’ has the meaning given the term in section
                                                                         8              105 of title 5, United States Code.
                                                                         9                        (4) IN-PERSON EDUCATION.—The term ‘‘in-per-
                                                                       10               son education’’ means education in which both stu-
                                                                       11               dents and educators are physically present for the
                                                                       12               majority of the schooling hours and actively pro-
                                                                       13               viding educational services.
                                                                       14                         (5) PUBLIC SCHOOLS OF THE DISTRICT OF CO-
                                                                       15               LUMBIA.—The term ‘‘public schools of the District

                                                                       16               of Columbia’’ means District of Columbia public
                                                                       17               schools and District of Columbia public charter
                                                                       18               schools.
                                                                       19      SEC. 8. RULE OF CONSTRUCTION.

                                                                       20               Nothing in this Act or the amendments made by this
                                                                       21 Act may be construed as preventing a property from being
                                                                       22 considered for sale or disposal pursuant to the Federal As-
                                                                       23 sets Sale and Transfer Act of 2016 (Public Law 114–
                                                                       24 287).



kjohnson on DSK79L0C42PROD with BILLS
                                                                                                                                  Æ

                                                                                   •HR 3418 IH

                                        VerDate Sep 11 2014   05:23 Jun 22, 2021   Jkt 019200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6301   E:\BILLS\H3418.IH   H3418


File and source

File
BILLS_bills-117hr3418ih_bills-117hr3418ih.pdf
Size
239,922 bytes
SHA-256
b970b0596a2830cd0c60c230da0c9019d989ce83f075bf2d0b4b2eb2b73f2e57
Our copy
BILLS_bills-117hr3418ih_bills-117hr3418ih.pdf
Original
www.govinfo.gov
Back to top