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 within the jurisdiction of the committee concerned 

A BILL 

To permit leasing of available Federal real property to expand in-person education during COVID–19 public 

health emergency. 

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 ‘‘Leasing Every Avail5 able Real property Now Act of 2021’’ or the ‘‘LEARN 

6 Act of 2021’’. 


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1 SEC. 2. USE OF REAL PROPERTY FOR IN-PERSON EDU2 CATION DURING PUBLIC HEALTH EMER3 GENCY. 

4 Notwithstanding any other provision of law, the Ad5 ministrator of the General Services Administration or the 

6 head of an Executive agency may lease or sublease avail7 able Federal civilian real property under the control of 

8 such agency or the Administration to nearby local edu9 cational agencies for the purpose of expanding in-person 

10 education for students of elementary schools and sec11 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 emer22 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. 

25 (b) COST.—A lease or sublease entered into under 

26 this Act may be made at less than fair market value, but 


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1 in no event shall be made at less than the cost to the Exec2 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 edu6 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 Administra9 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 cal14 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 PER18 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. 


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1 SEC. 4. SELECTION AND NOTIFICATION OF SUITABLE AND 

2 AVAILABLE REAL PROPERTIES DURING PUB3 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 edu9 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 CO23 LUMBIA.—An Executive agency and the Administration 

24 shall give priority to the public schools of the District of 

25 Columbia in leases and subleases made available under 


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1 this Act for real property located in the District of Colum2 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 re9 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 ColumVerDate Sep 11 2014 05:23 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3418.IH H3418

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1 bia during the public health emergency described in 

2 section 2. 

3 (b) SUNSET.—This section shall cease to have an ef4 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 ex19 pended by public, private, and charter elemen20 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 edu23 cation (as such term is defined in such Act), in24 cluding leasing or subleasing Federal civilian 

25 real property under such Act.’’. 


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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 ex10 pended by public, private, and charter elemen11 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 edu14 cation (as such term is defined in such Act), in15 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 ‘‘Administra24 tion’’ means the General Services Administration. 


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1 (2) ESEA TERMS.—The terms ‘‘elementary 

2 school’’, ‘‘local educational agency’’, and ‘‘secondary 

3 school’’ have the meanings given those terms in sec4 tion 8101 of the Elementary and Secondary Edu5 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-per10 son education’’ means education in which both stu11 dents and educators are physically present for the 

12 majority of the schooling hours and actively pro13 viding educational services. 

14 (5) PUBLIC SCHOOLS OF THE DISTRICT OF CO15 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 As23 sets Sale and Transfer Act of 2016 (Public Law 114– 

24 287). 

Æ 


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