I 

117TH CONGRESS 

2D SESSION H. R. 6808 

To improve transparency relating to the expenditure of Federal emergency 

relief funds for elementary and secondary schools, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 22, 2022 

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

Committee on Education and Labor 

A BILL 

To improve transparency relating to the expenditure of Federal emergency relief funds for elementary and secondary 

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 ‘‘Spending Every Nickel 

5 on Student Education Act’’ or the ‘‘SENSE Act’’. 

6 SEC. 2. ANNUAL REPORT ON EXPENDITURE OF ELEMEN7 TARY AND SECONDARY EMERGENCY RELIEF 

8 FUNDS. 

9 (a) LEA REPORTS.—On an annual basis, in accord10 ance with subsection (d), each local education agency that 


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1 received funds under section 2001 of the American Rescue 

2 Plan Act of 2021 (Public Law 117–2; 20 U.S.C. 3401 

3 note) shall submit to the State in which the agency is lo4 cated a report on the expenditure of such funds during 

5 the preceding year. Each report shall— 

6 (1) describe the purposes for which the local 

7 educational agency expended such funds during the 

8 year covered by the report; 

9 (2) indicate whether such expenditures are con10 sistent with the plan submitted by the agency pursu11 ant to the interim final requirement of the Depart12 ment of Education titled ‘‘American Rescue Plan 

13 Act Elementary and Secondary School Emergency 

14 Relief Fund, LEA ARP ESSER Plans’’ (86 Fed. 

15 Reg. 21198; April 22, 2021) and, if such expendi16 tures are not consistent with that plan, provide an 

17 explanation for the inconsistency; and 

18 (3) provide the information required under 

19 paragraphs (1) and (2) in a format and level of de20 tail that is consistent with the State and Federal re21 quirements applicable to the plans described in para22 graph (2). 

23 (b) STATE REPORTS.—On an annual basis, not later 

24 than 90 days after receiving the reports from local edu25 cational agencies under subsection (a), each State shall— 


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1 (1) compile the reports; 

2 (2) transmit the compiled reports to the Sec3 retary of Education; and 

4 (3) make the reports available on a publicly ac5 cessible website of the State in a format that is 

6 downloadable, searchable, and sortable. 

7 (c) POSTING BY SECRETARY.—The Secretary of Edu8 cation shall make each report received from a State under 

9 subsection (b) available on a publicly accessible website of 

10 the Department of Education. 

11 (d) ANNUAL SUBMITTAL AND TERMINATION.— 

12 (1) ANNUAL SUBMITTAL DATE.—The reports 

13 required under subsection (a) shall be submitted 

14 each year on a date determined by the Secretary of 

15 Education that is at least 30 days before funds are 

16 allocated to States under part A of title I of the Ele17 mentary and Secondary and Education Act (20 

18 U.S.C. 6311 et seq.) for the next school year. 

19 (2) TERMINATION OF REPORTING REQUIRE20 MENT.— 

21 (A) FINAL REPORT.—After the date speci22 fied in subparagraph (B), a local educational 

23 agency shall submit a final report in accordance 

24 with subsection (a). Following the submission of 

25 such final report, the requirement of a local 


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1 educational agency to submit further reports 

2 under subsection (a) shall terminate. 

3 (B) DATE DESCRIBED.—The date specified 

4 in this subparagraph is the earlier of— 

5 (i) the date on which the local edu6 cational agency has obligated all funds re7 ceived by the agency under section 2001 of 

8 the American Rescue Plan Act of 2021 

9 (Public Law 117–2; 20 U.S.C. 3401 note); 

10 or 

11 (ii) the date by which the local edu12 cational agency is required to obligate such 

13 funds in accordance with such section. 

14 (e) ENFORCEMENT.—A local educational agency that 

15 does not submit a report required under subsection (a) 

16 by the date determined by the Secretary under subsection 

17 (d)(1), shall not be eligible to receive Federal funds under 

18 part A of title I of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 6311 et seq.) for the next 

20 year for which such funds are allocated. 

21 (f) DEFINITIONS.—In this section, the terms ‘‘local 

22 educational agency’’ and ‘‘State’’ have the meanings given 

23 those terms in section 8101 if the Elementary ad Sec24 ondary Education Act of 1965 (20 U.S.C. 7801). 

Æ 


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