II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keeping Schools Safe 

5 Act’’. 


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1 SEC. 2. GRANT PROGRAM TO IMPROVE INDOOR AIR QUAL2 ITY IN ELEMENTARY SCHOOLS AND SEC3 ONDARY SCHOOLS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ESEA DEFINITIONS.—The terms ‘‘edu6 cational service agency’’ and ‘‘local educational agen7 cy’’ have the meanings given the terms in section 

8 8101 of the Elementary and Secondary Education 

9 Act of 1965 (20 U.S.C. 7801). 

10 (2) COVID–19 PUBLIC HEALTH EMERGENCY.— 

11 The term ‘‘COVID–19 public health emergency’’ 

12 means the public health emergency declared by the 

13 Secretary of Health and Human Services under sec14 tion 319 of the Public Health Service Act (42 

15 U.S.C. 247d) on January 31, 2020, with respect to 

16 COVID–19, including any renewal of such declara17 tion. 

18 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ means— 

20 (A) a local educational agency; 

21 (B) an educational service agency; or 

22 (C) the Bureau of Indian Education. 

23 (4) HIGH-NEED SCHOOL.—The term ‘‘high-need 

24 school’’ means a school that, based on the most re25 cent data available, meets one or both of the fol26 lowing: 


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1 (A) The school is in the highest quartile of 

2 schools in a ranking of all schools served by a 

3 local educational agency, ranked in descending 

4 order by percentage of students from low-in5 come families enrolled in such schools, as deter6 mined by the local educational agency based on 

7 one of the following measures of poverty: 

8 (i) The percentage of students aged 5 

9 through 17 in poverty counted in the most 

10 recent census data approved by the Sec11 retary. 

12 (ii) The percentage of students eligible 

13 for a free or reduced price school lunch 

14 under the Richard B. Russell National 

15 School Lunch Act (42 U.S.C. 1751 et 

16 seq.). 

17 (iii) The percentage of students in 

18 families receiving assistance under the 

19 State program funded under part A of title 

20 IV of the Social Security Act (42 U.S.C. 

21 601 et seq.). 

22 (iv) The percentage of students eligi23 ble to receive medical assistance under the 

24 Medicaid program (42 U.S.C. 1396 et 

25 seq.). 


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1 (v) A composite of 2 or more of the 

2 measures described in subclauses (I) 

3 through (IV). 

4 (B) In the case of— 

5 (i) an elementary school, the school 

6 serves students not less than 60 percent of 

7 whom are eligible for a free or reduced 

8 price school lunch under the Richard B. 

9 Russell National School Lunch Act; or 

10 (ii) any other school that is not an el11 ementary school, the other school serves 

12 students not less than 45 percent of whom 

13 are eligible for a free or reduced price 

14 school lunch under the Richard B. Russell 

15 National School Lunch Act. 

16 (5) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Education. 

18 (b) AUTHORIZATION OF GRANT PROGRAM.— 

19 (1) IN GENERAL.—The Secretary shall award 

20 grants, on a competitive basis, to eligible entities to 

21 enable the entities to improve the indoor air quality 

22 in the schools served by such entities in response to 

23 the COVID–19 public health emergency. 

24 (2) GRANT AMOUNTS.—Grants awarded under 

25 this section shall be not less than $5,000 and not 


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1 more than $20,000,000, except as provided in para2 graph (3). 

3 (3) RESERVATION.—The Secretary shall reserve 

4 5 percent of amounts appropriated to carry out this 

5 section to award a grant to the Bureau of Indian 

6 Education to improve the indoor air quality in the 

7 schools operated or funded by the Bureau of Indian 

8 Education. 

9 (4) NOTICE FOR PROPOSALS AND AWARD OF

10 GRANTS.—Not later than— 

11 (A) 30 days after the date of enactment of 

12 this Act, the Secretary shall issue a notice for 

13 proposals for grants under this section; and 

14 (B) 90 days after the date of enactment of 

15 this Act, the Secretary shall award all grants 

16 under this section. 

17 (c) APPLICATIONS.—An eligible entity that desires to 

18 receive a grant under this section shall submit an applica19 tion to the Secretary at such time, in such manner, and 

20 accompanied by such information as the Secretary may 

21 require. Such application shall include information about 

22 the age of the school buildings, and the air ventilation and 

23 filtration systems of such buildings, to be assisted with 

24 funds provided under this section. 


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1 (d) CONSIDERATIONS AND PRIORITY IN AWARDING

2 GRANTS.—In awarding grants under this section, the Sec3 retary shall— 

4 (1) ensure geographic diversity by proportion5 ally distributing such grants across rural, suburban, 

6 and urban areas; 

7 (2) consider the age of school buildings pro8 posed to be assisted with funds provided under this 

9 section; and 

10 (3) give priority to— 

11 (A) eligible entities that serve high-need 

12 schools; 

13 (B) eligible entities that serve a health pro14 fessional shortage area (as defined in section 

15 332 of the Public Health Service Act (42 

16 U.S.C. 254e)); and 

17 (C) eligible entities that serve an area that 

18 has a poverty rate that is greater than 20 per19 cent. 

20 (e) TECHNICAL GUIDANCE.— 

21 (1) IN GENERAL.— 

22 (A) AVAILABILITY.—By not later than 21 

23 days after the date of enactment of this Act, 

24 the Secretary shall make available technical 

25 guidance for eligible entities regarding school 


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1 facilities improvements directly related to 

2 COVID–19 to address the safety and health of 

3 students and staff, including guidance on— 

4 (i) indoor, outdoor, or combined air or 

5 air pressure ventilation, filtration systems, 

6 or air cleaners; 

7 (ii) equipment, supplies, and technical 

8 services necessary to provide indoor envi9 ronmental air quality in a manner that— 

10 (I) optimizes safety and health 

11 for children and staff; and 

12 (II) reduces viral transmission 

13 risks to the greatest extent prac14 ticable; 

15 (iii) making facility changes, repairs, 

16 or monitoring to address air filtration and 

17 ventilation; and 

18 (iv) technologies that effectively mon19 itor and evaluate air quality of a system. 

20 (B) EVIDENCE.—A technology or repair 

21 for which guidance is provided under this sub22 section shall be supported by evidence that the 

23 technology or repair can effectively improve or 

24 monitor indoor air quality. 


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1 (2) DEVELOPMENT OF GUIDANCE.—The Sec2 retary shall develop the technical guidance described 

3 in paragraph (1) in consultation with— 

4 (A) the Director of the Centers for Disease 

5 Control and Prevention; 

6 (B) national organizations with expertise 

7 in public health and infectious disease, includ8 ing with specific expertise in preventing and 

9 treating infectious disease in children; 

10 (C) nationally recognized not-for-profit or11 ganizations or institutions of higher education 

12 with expertise in heating, ventilation, and air 

13 conditioning building systems and standards de14 velopment; 

15 (D) national organizations with expertise 

16 in the education or school leadership of children 

17 and that represent the interests of educators 

18 and school leaders; and 

19 (E) other Federal agencies as appropriate. 

20 (f) USE OF FUNDS.—An eligible entity that receives 

21 a grant under this section shall use the grant funds to 

22 improve or monitor the indoor air quality, ventilation, or 

23 circulation in the schools, including the hiring and training 

24 of appropriate staff, served by the eligible entity, in ac25 cordance with the guidance issued under subsection (e). 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $1,000,000,000. 

Æ 


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