I 

117TH CONGRESS 

1ST SESSION H. R. 1410 

To provide emergency relief for schools, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2021 

Mr. FITZPATRICK introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To provide emergency relief for schools, and for other 

purposes. 

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 ‘‘Support Our Schools 

5 Act’’. 

6 SEC. 2. ELEMENTARY AND SECONDARY SCHOOL EMER7 GENCY RELIEF FUND. 

8 (a) IN GENERAL.—In addition to amounts otherwise 

9 available, there is appropriated to the Department of Edu10 cation for fiscal year 2021, out of any money in the Treas11 ury not otherwise appropriated, $128,554,800,000, to reVerDate Sep 11 2014 18:23 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1410.IH H1410

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1 main available through September 30, 2023, for providing 

2 grants to States in accordance with the same terms and 

3 conditions that apply to the Elementary and Secondary 

4 School Emergency Relief Fund of the Education Stabiliza5 tion Fund for funding appropriated for fiscal year 2021, 

6 except that— 

7 (1) a State that receives a grant under this sec8 tion shall use— 

9 (A) not less than 90 percent of such grant 

10 for subgrants to local educational agencies; and 

11 (B) not less than 5 percent of such grant 

12 to carry out, directly or through grants or con13 tracts, activities to address learning loss by sup14 porting the implementation of evidence-based 

15 interventions, such as summer learning, ex16 tended day comprehensive afterschool pro17 grams, or extended school year programs, and 

18 ensure such interventions respond to students’ 

19 academic, social, and emotional needs and ad20 dress the disproportionate impact of the 

21 coronavirus on the student populations de22 scribed in section 1111(h)(1)(C)(ii) of the Ele23 mentary and Secondary Education Act of 1965 

24 (20 U.S.C. 6311(h)(1)(C)(ii)); and 


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1 (2) each local educational agency that receives 

2 funds from a subgrant under paragraph (1)(A) 

3 shall— 

4 (A) reserve not less than 20 percent of 

5 such funds to address learning loss through the 

6 implementation of evidence-based interventions, 

7 such as summer learning, extended day com8 prehensive afterschool programs, or extended 

9 school year programs, and ensure such inter10 ventions respond to students’ academic, social, 

11 and emotional needs and address the dispropor12 tionate impact of the coronavirus on the stu13 dent populations described in section 

14 1111(h)(1)(C)(ii) of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 

16 6311(h)(1)(C)(ii)); and 

17 (B) using funds reserved under subpara18 graph (A), provide equitable services in the 

19 same manner as provided under section 1117 of 

20 the Elementary and Secondary Education Act 

21 of 1965 (20 U.S.C. 6320) to students and 

22 teachers in non-public schools, as determined in 

23 consultation with representatives of non-public 

24 schools. 


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1 (b) PUBLIC CONTROL OF FUNDS.—Control of funds 

2 provided under subsection (a)(2)(B), and title to mate3 rials, equipment, and property purchased with such funds, 

4 shall be in a public agency, and a public agency shall ad5 minister such funds, materials, equipment, and property 

6 and shall provide such services (or may contract for the 

7 provision of such services with a public or private entity). 

8 SEC. 3. HIGHER EDUCATION EMERGENCY RELIEF FUND. 

9 In addition to amounts otherwise available, there is 

10 appropriated to the Department of Education for fiscal 

11 year 2021, out of any money in the Treasury not otherwise 

12 appropriated, $39,584,570,000, to remain available 

13 through September 30, 2023, for making allocations to in14 stitutions of higher education in accordance with the same 

15 terms and conditions that apply to the Higher Education 

16 Emergency Relief Fund of the Education Stabilization 

17 Fund for funding appropriated for fiscal year 2021, except 

18 that— 

19 (1) 91 percent of such funds shall be allocated 

20 to each institution of higher education as defined in 

21 section 101 or section 102(c) of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1001, 1002(c)), and 

23 shall be apportioned using the same formula used to 

24 apportion funds to each such institution under such 

25 Higher Education Emergency Relief Fund; 


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1 (2) 1 percent of such funds shall be allocated 

2 to institutions of higher education as defined in sec3 tion 102(b) of the Higher Education Act of 1965 

4 (20 U.S.C. 1002(b)), and shall be apportioned using 

5 the same formula used to apportion funds to each 

6 such institution under such Higher Education Emer7 gency Relief Fund; 

8 (3) an institution shall solely determine which 

9 students receive emergency financial aid grants 

10 under this section; 

11 (4) an institution receiving an allocation— 

12 (A) under paragraph (1) shall use not less 

13 than 50 percent of such allocation to provide 

14 emergency financial aid grants to students; and 

15 (B) under paragraph (2) shall use 100 per16 cent of such allocation to provide emergency fi17 nancial aid grants to students; 

18 (5) an institution receiving an allocation under 

19 paragraph (1) shall use a portion of such allocation 

20 to— 

21 (A) implement evidence-based practices to 

22 monitor and suppress coronavirus in accordance 

23 with public health guidelines; and 

24 (B) conduct direct outreach to financial 

25 aid applicants about the opportunity to receive 


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1 a financial aid adjustment due to the recent un2 employment of a family member or independent 

3 student, or other circumstances, described in 

4 section 479A of the Higher Education Act of 

5 1965 (20 U.S.C. 1087tt); 

6 (6) notwithstanding paragraph (4)(A) or para7 graph (5), an institution receiving an allocation 

8 under paragraph (1) a portion of which is appor9 tioned according to a relative share (based on full10 time equivalent enrollment or total number) of stu11 dents who were Pell grant recipients and who were 

12 exclusively enrolled in distance education courses 

13 prior to the qualifying emergency shall use 100 per14 cent of such portion to provide emergency financial 

15 aid grants to students; and 

16 (7) institutions required to remit payment to 

17 the Internal Revenue Service for the excise tax based 

18 on investment income of private colleges and univer19 sities under section 4968 of the Internal Revenue 

20 Code of 1986 for tax year 2019 shall not be subject 

21 to restrictions related to the amount of allocations or 

22 uses of funds applicable to such institutions under 

23 such Higher Education Emergency Relief Fund. 


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1 SEC. 4. MAINTENANCE OF EFFORT AND MAINTENANCE OF 

2 EQUITY. 

3 (a) STATE MAINTENANCE OF EFFORT.— 

4 (1) IN GENERAL.—As a condition of receiving 

5 funds under section 2, a State shall maintain sup6 port for elementary and secondary education, and 

7 for higher education (which shall include State fund8 ing to institutions of higher education and State 

9 need-based financial aid, and shall not include sup10 port for capital projects or for research and develop11 ment or tuition and fees paid by students), in each 

12 of fiscal years 2022 and 2023 at least at the propor13 tional levels of such State’s support for elementary 

14 and secondary education and for higher education 

15 relative to such State’s overall spending, averaged 

16 over fiscal years 2017, 2018, and 2019. 

17 (2) WAIVER.—For the purpose of relieving fis18 cal burdens incurred by States in preventing, pre19 paring for, and responding to the coronavirus, the 

20 Secretary of Education may waive any maintenance 

21 of effort requirements associated with the Education 

22 Stabilization Fund. 

23 (b) STATE MAINTENANCE OF EQUITY.— 

24 (1) HIGH-POVERTY LOCAL EDUCATIONAL AGEN25 CIES.—As a condition of receiving funds under sec26 tion 2, a State educational agency shall not, in fiscal 


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1 year 2022 or 2023, reduce State funding (calculated 

2 on a per-pupil basis) for any high-poverty local edu3 cational agency in the State by an amount that ex4 ceeds the overall per-pupil reduction in State funds, 

5 if any, across all local educational agencies in such 

6 State in such fiscal year. 

7 (2) LOCAL EDUCATIONAL AGENCIES WITH

8 HIGHEST SHARE OF ECONOMICALLY DISADVAN9 TAGED STUDENT.—Notwithstanding paragraph (1), 

10 as a condition of receiving funds under section 2, a 

11 State educational agency shall not, in fiscal year 

12 2022 or 2023, reduce State funding for any local 

13 educational agency that is part of the 20 percent of 

14 local educational agencies in the State with the high15 est percentage of economically disadvantaged stu16 dents (based on the percentages of economically dis17 advantaged students served by all local educational 

18 agencies in the State on the basis of the most recent 

19 satisfactory data available from the Department of 

20 Commerce) below the level of funding provided to 

21 such local educational agencies in fiscal year 2019. 

22 (c) LOCAL EDUCATIONAL AGENCY MAINTENANCE OF

23 EQUITY FOR HIGH-POVERTY SCHOOLS.—As a condition 

24 of receiving funds under section 2, a local educational 

25 agency shall not, in fiscal year 2022 or 2023— 


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1 (1) reduce per-pupil funding (from combined 

2 State and local funding) for any high-poverty school 

3 served by such local educational agency by an 

4 amount that exceeds— 

5 (A) the total reduction in local educational 

6 agency funding (from combined State and local 

7 funding) for all schools served by the local edu8 cational agency in such fiscal year (if any); di9 vided by 

10 (B) the number of children enrolled in all 

11 schools served by the local educational agency 

12 in such fiscal year; or 

13 (2) reduce per-pupil, full-time equivalent staff 

14 in any high-poverty school by an amount that ex15 ceeds— 

16 (A) the total reduction in full-time equiva17 lent staff in all schools served by such local 

18 educational agency in such fiscal year (if any); 

19 divided by 

20 (B) the number of children enrolled in all 

21 schools served by the local educational agency 

22 in such fiscal year. 

23 (d) DEFINITIONS.—In this section: 

24 (1) The term ‘‘high-poverty local educational 

25 agency’’ means, with respect to a local educational 


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1 agency in a State, a local educational agency that 

2 serves a higher percentage of economically disadvan3 taged students than the local educational agency 

4 that serves the median percentage of economically 

5 disadvantaged students, based on the percentages of 

6 economically disadvantaged students served by all 

7 local educational agencies in such State, on the basis 

8 of the most recent satisfactory data available from 

9 the Department of Commerce. 

10 (2) The term ‘‘high-poverty school’’ means, with 

11 respect to a school served by a local educational 

12 agency, a school that serves a higher percentage of 

13 economically disadvantaged students, as determined 

14 by any of the measures of poverty in section 1113 

15 of the Elementary and Secondary Education Act of 

16 1965 (20 U.S.C. 6313) than the school that serves 

17 the median percentage of economically disadvan18 taged students based on the percentages of economi19 cally disadvantaged students— 

20 (A) at all schools served by such local edu21 cational agency; or 

22 (B) at all schools within each grade-span 

23 of such local educational agency. 

24 (3) The term ‘‘overall per-pupil reduction in 

25 State funds’’ means, with respect to a fiscal year— 


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1 (A) the amount of any reduction in the 

2 total amount of State funds provided to all local 

3 educational agencies in the State in such fiscal 

4 year compared to the total amount of such 

5 funds provided to all local educational agencies 

6 in the State in the previous fiscal year; divided 

7 by 

8 (B) the aggregate number of children en9 rolled in all schools served by all local edu10 cational agencies in the State in the fiscal year 

11 for which the determination is being made. 

12 SEC. 5. OUTLYING AREAS. 

13 In addition to amounts otherwise available, there is 

14 appropriated to the Department of Education for fiscal 

15 year 2021, out of any money in the Treasury not otherwise 

16 appropriated, $850,000,000, to remain available through 

17 September 30, 2023, for the Secretary of Education to 

18 allocate awards to the outlying areas on the basis of their 

19 respective needs, as determined by the Secretary, to be 

20 allocated not more than 30 calendar days after the date 

21 of enactment of this Act. 

22 SEC. 6. BUREAU OF INDIAN EDUCATION. 

23 In addition to amounts otherwise available, there is 

24 appropriated to the Department of Education for fiscal 

25 year 2021, out of any money in the Treasury not otherwise 


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1 appropriated, $850,000,000, to remain available until ex2 pended, for the Secretary of Education to allocate to the 

3 Secretary of the Interior for awards, which awards shall 

4 be determined and funds for such awards allocated by the 

5 Secretary of the Interior not more than 30 calendar days 

6 after the date of enactment of this Act, for programs oper7 ated or funded by the Bureau of Indian Education, for 

8 Bureau-funded schools (as defined in section 1141(3) of 

9 the Education Amendments of 1978 (25 U.S.C. 

10 2021(3))), and for Tribal Colleges or Universities (as de11 fined in section 316(b)(3) of the Higher Education Act 

12 of 1965 (20 U.S.C. 1059c(b)(3))). 

13 SEC. 7. GALLAUDET UNIVERSITY. 

14 In addition to amounts otherwise available, there is 

15 appropriated to the Department of Education for fiscal 

16 year 2021, out of any money in the Treasury not otherwise 

17 appropriated, $19,250,000, to remain available through 

18 September 30, 2023, for the Kendall Demonstration Ele19 mentary School, the Model Secondary School for the Deaf, 

20 and Gallaudet University under titles I and II of the Edu21 cation of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) 

22 to prevent, prepare for, and respond to coronavirus, do23 mestically or internationally, including to defray expenses 

24 associated with coronavirus (including lost revenue, reim25 bursement for expenses already incurred, technology costs 


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1 associated with a transition to distance education, faculty 

2 and staff trainings, and payroll) and to provide financial 

3 aid grants to students, which may be used for any compo4 nent of the student’s cost of attendance. 

5 SEC. 8. STUDENT AID ADMINISTRATION. 

6 In addition to amounts otherwise available, there is 

7 appropriated to the Department of Education for fiscal 

8 year 2021, out of any money in the Treasury not otherwise 

9 appropriated, $91,130,000, to remain available through 

10 September 30, 2023, for Student Aid Administration with11 in the Department of Education to prevent, prepare for, 

12 and respond to coronavirus, domestically or internation13 ally, including direct outreach to students and borrowers 

14 about financial aid, economic impact payments, means15 tested benefits, and tax benefits for which they may be 

16 eligible. 

17 SEC. 9. HOWARD UNIVERSITY. 

18 In addition to amounts otherwise available, there is 

19 appropriated to the Department of Education for fiscal 

20 year 2021, out of any money in the Treasury not otherwise 

21 appropriated, $35,000,000, to remain available through 

22 September 30, 2023, for Howard University to prevent, 

23 prepare for, and respond to coronavirus, domestically or 

24 internationally, including to defray expenses associated 

25 with coronavirus (including lost revenue, reimbursement 


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1 for expenses already incurred, technology costs associated 

2 with a transition to distance education, faculty and staff 

3 trainings, and payroll) and to provide financial aid grants 

4 to students, which may be used for any component of the 

5 student’s cost of attendance. 

6 SEC. 10. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF. 

7 In addition to amounts otherwise available, there is 

8 appropriated to the Department of Education for fiscal 

9 year 2021, out of any money in the Treasury not otherwise 

10 appropriated, $19,250,000, to remain available through 

11 September 30, 2023, for the National Technical Institute 

12 for the Deaf under titles I and II of the Education of the 

13 Deaf Act of 1986 (20 U.S.C. 4301 et seq.) to prevent, 

14 prepare for, and respond to coronavirus, domestically or 

15 internationally, including to defray expenses associated 

16 with coronavirus (including lost revenue, reimbursement 

17 for expenses already incurred, technology costs associated 

18 with a transition to distance education, faculty and staff 

19 training, and payroll) and to provide financial aid grants 

20 to students, which may be used for any component of the 

21 student’s cost of attendance. 

22 SEC. 11. INSTITUTE OF EDUCATION SCIENCES. 

23 In addition to amounts otherwise available, there is 

24 appropriated to the Department of Education for fiscal 

25 year 2021, out of any money in the Treasury not otherwise 


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1 appropriated, $100,000,000, to remain available through 

2 September 30, 2023, for the Institute of Education 

3 Sciences established under part A of title I of the Edu4 cation Sciences Reform Act of 2002 (20 U.S.C. 9511 et 

5 seq.) to carry out research related to addressing learning 

6 loss caused by the coronavirus among the student popu7 lations described in section 1111(h)(1)(C)(ii) of the Ele8 mentary and Secondary Education Act of 1965 (20 U.S.C. 

9 6311(h)(1)(C)(ii)) and to disseminate such findings to 

10 State educational agencies and local educational agencies 

11 and other appropriate entities. 

12 SEC. 12. PROGRAM ADMINISTRATION. 

13 In addition to amounts otherwise available, there is 

14 appropriated to the Department of Education for fiscal 

15 year 2021, out of any money in the Treasury not otherwise 

16 appropriated, $15,000,000, to remain available through 

17 September 30, 2024, for Program Administration within 

18 the Department of Education to prevent, prepare for, and 

19 respond to coronavirus, domestically or internationally, 

20 and for salaries and expenses necessary to implement this 

21 Act. 

22 SEC. 13. OFFICE OF INSPECTOR GENERAL. 

23 In addition to amounts otherwise available, there is 

24 appropriated to the Department of Education for fiscal 

25 year 2021, out of any money in the Treasury not otherwise 


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1 appropriated, $5,000,000, to remain available until ex2 pended, for the Office of Inspector General of the Depart3 ment of Education, as authorized by section 211 of the 

4 Department of Education Organization Act (20 U.S.C. 

5 3422), to prevent, prepare for, and respond to 

6 coronavirus, domestically or internationally, including for 

7 salaries and expenses necessary for oversight, investiga8 tions, and audits of programs, grants, and projects funded 

9 under this Act to respond to coronavirus. 

10 SEC. 14. MODIFICATION OF REVENUE REQUIREMENTS FOR 

11 PROPRIETARY INSTITUTIONS OF HIGHER 

12 EDUCATION. 

13 (a) IN GENERAL.—Section 487(a)(24) of the Higher 

14 Education Act of 1965 (20 U.S.C. 1094(a)(24)) is amend15 ed by striking ‘‘funds provided under this title’’ and insert16 ing ‘‘Federal funds that are disbursed or delivered to or 

17 on behalf of a student to be used to attend such institution 

18 (referred to in this paragraph and subsection (d) as ‘Fed19 eral education assistance funds’)’’. 

20 (b) IMPLEMENTATION OF NON-FEDERAL REVENUE

21 REQUIREMENT.—Section 487(d) of the Higher Education 

22 Act of 1965 (20 U.S.C. 1094(d)) is amended— 

23 (1) in the subsection heading, by striking ‘‘Non24 title IV’’ and inserting ‘‘Non-Federal’’; and 


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1 (2) in paragraph (1)(C), by striking ‘‘funds for 

2 a program under this title’’ and inserting ‘‘Federal 

3 education assistance funds’’. 

4 SEC. 15. NATIONAL ENDOWMENT FOR THE ARTS. 

5 In addition to amounts otherwise available, there is 

6 appropriated for fiscal year 2021, out of any money in 

7 the Treasury not otherwise appropriated, $135,000,000, 

8 to remain available until expended, under the National 

9 Foundation on the Arts and the Humanities Act of 1965 

10 (20 U.S.C. 951 et seq.), as follows: 

11 (1) Forty percent shall be for grants, and rel12 evant administrative expenses, to State arts agencies 

13 and regional arts organizations that support organi14 zations’ programming and general operating ex15 penses to cover up to 100 percent of the costs of the 

16 programs which the grants support, to prevent, pre17 pare for, respond to, and recover from the 

18 coronavirus. 

19 (2) Sixty percent shall be for direct grants, and 

20 relevant administrative expenses, that support orga21 nizations’ programming and general operating ex22 penses to cover up to 100 percent of the costs of the 

23 programs which the grants support, to prevent, pre24 pare for, respond to, and recover from the 

25 coronavirus. 


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1 SEC. 16. NATIONAL ENDOWMENT FOR THE HUMANITIES. 

2 In addition to amounts otherwise available, there is 

3 appropriated for fiscal year 2021, out of any money in 

4 the Treasury not otherwise appropriated, $135,000,000, 

5 to remain available until expended, under the National 

6 Foundation on the Arts and the Humanities Act of 1965 

7 (20 U.S.C. 951 et seq.), as follows: 

8 (1) Forty percent shall be for grants, and rel9 evant administrative expenses, to State humanities 

10 councils that support humanities organizations’ pro11 gramming and general operating expenses to cover 

12 up to 100 percent of the costs of the programs 

13 which the grants support, to prevent, prepare for, 

14 respond to, and recover from the coronavirus. 

15 (2) Sixty percent shall be for direct grants, and 

16 relevant administrative expenses, that support hu17 manities organizations’ programming and general 

18 operating expenses to cover up to 100 percent of the 

19 costs of the programs which the grants support, to 

20 prevent, prepare for, respond to, and recover from 

21 the coronavirus. 

22 SEC. 17. INSTITUTE OF MUSEUM AND LIBRARY SERVICES. 

23 In addition to amounts otherwise available, there is 

24 appropriated for fiscal year 2021, out of any money in 

25 the Treasury not otherwise appropriated, $200,000,000, 

26 to remain available until expended, to carry out the LiVerDate Sep 11 2014 18:23 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1410.IH H1410

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1 brary Services and Technology Act (20 U.S.C. 9121 et 

2 seq.) as authorized under subtitle B of the Museum and 

3 Library Services Act (20 U.S.C. 9121 et seq.), including 

4 for administrative costs authorized under section 210C of 

5 such Act (20 U.S.C. 9111), except that— 

6 (1) section 221(b)(3)(A) of the Library Services 

7 and Technology Act shall be applied by substituting 

8 ‘‘$2,000,000’’ for ‘‘$680,000’’ and by substituting 

9 ‘‘$200,000’’ for ‘‘$60,000’’; and 

10 (2) section 221(b)(3)(C) and subsections (b) 

11 and (c) of section 223 of such Act shall not apply 

12 to funds provided under this section. 

13 SEC. 18. COVID–19 RESPONSE RESOURCES FOR THE PRES14 ERVATION AND MAINTENANCE OF NATIVE 

15 AMERICAN LANGUAGES. 

16 (a) Section 816 of the Native American Programs 

17 Act of 1974 (42 U.S.C. 2992d) is amended by adding at 

18 the end the following: 

19 ‘‘(f) In addition to amounts otherwise available, there 

20 is appropriated for fiscal year 2021, out of any money in 

21 the Treasury not otherwise appropriated, $10,000,000 to 

22 remain available until expended, to carry out section 

23 803C(g) of this Act.’’. 


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1 (b) Section 803C of the Native American Programs 

2 Act of 1974 (42 U.S.C. 2991b–3) is amended by adding 

3 at the end the following: 

4 ‘‘(g) EMERGENCY GRANTS FOR NATIVE AMERICAN

5 LANGUAGE PRESERVATION AND MAINTENANCE.—Not 

6 later than 180 days after the effective date of this sub7 section, the Secretary shall award grants to entities eligi8 ble to receive assistance under subsection (a) to ensure 

9 the survival and continuing vitality of Native American 

10 languages during and after the public health emergency 

11 declared by the Secretary pursuant to section 319 of the 

12 Public Health Service Act (42 U.S.C. 247d) with respect 

13 to the COVID–19 pandemic.’’. 

Æ 


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