LEARN Act of 2021
Bill: H.R.3418 | Sponsor: Rep. Mace, Nancy (R-SC)
Policy area: Government Operations and Politics

Summary:
Leasing Every Available Real property Now Act of 2021 or the LEARN Act of 2021
This bill allows local educational agencies to use federal buildings in order to provide in-person education for students during the COVID-19 public health emergency.
Specifically, the bill allows the General Services Administration (GSA) and executive agencies to lease federal buildings for up to six months to local educational agencies for in-person education of elementary and secondary school students during the emergency period. The GSA and executive agencies must review, identify, and publish information about all available properties. District of Columbia public schools must be given priority for available properties in the District.
The bill also authorizes state and local governments to use certain COVID-19 relief funds to further in-person education, including through leases of federal buildings.

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Leasing Every Available Real 
property Now Act of 2021'' or the ``LEARN Act of 2021''.

SEC. 2. USE OF REAL PROPERTY FOR IN-PERSON EDUCATION DURING PUBLIC 
              HEALTH EMERGENCY.

    Notwithstanding any other provision of law, the Administrator of 
the General Services Administration or the head of an Executive agency 
may lease or sublease available Federal civilian real property under 
the control of such agency or the Administration to nearby local 
educational agencies for the purpose of expanding in-person education 
for students of elementary schools and secondary schools for a 
temporary period on an emergency basis during the public health 
emergency declared by the Secretary of Health and Human Services under 
section 319 of the Public Health Service Act (42 U.S.C. 247d) relating 
to COVID-19.

SEC. 3. NATURE, DURATION, AND TERMINATION OF LEASES DURING PUBLIC 
              HEALTH EMERGENCY.

    (a) Duration and Termination.-- Any lease or sublease entered into 
under this Act shall be for a period not to exceed 6 months and shall 
terminate not later than 14 days after the expiration of the public 
health emergency declared by the Secretary of Health and Human Services 
under section 319 of the Public Health Service Act (42 U.S.C. 247d) 
relating to COVID-19.
    (b) Cost.--A lease or sublease entered into under this Act may be 
made at less than fair market value, but in no event shall be made at 
less than the cost to the Executive agency or the Administration of 
maintaining the property, or portion of the property, that is the 
subject of the lease or sublease.
    (c) Reimbursement of Utilities.--Any local educational agency 
leasing or subleasing a property from an Executive agency or the 
Administration under this Act shall reimburse the Executive agency or 
the Administration for all utilities and other services provided for 
the property that is the subject of the lease or sublease at the actual 
cost of such utilities and services. In the case of a utility or 
service for which the cost attributable to such property is not 
separable, or the actual cost not calculable, the local educational 
agency shall reimburse the fair market value of the utility or service 
attributable to such property.
    (d) Incidental Personal Property Use Permitted.--Notwithstanding 
any other provision of law, a Federal agency entering into a lease or 
sublease with a local educational agency under this Act may permit the 
local educational agency to use Federal personal property located on 
site, including furniture.

SEC. 4. SELECTION AND NOTIFICATION OF SUITABLE AND AVAILABLE REAL 
              PROPERTIES DURING PUBLIC HEALTH EMERGENCY.

    (a) Review Process.--The head of each Executive agency and the 
Administrator shall review all properties under the control of the 
agency or the Administration, as applicable, and affirmatively identify 
all properties that--
            (1) would be suitable for use by local educational agencies 
        for in-person education of students of elementary schools and 
        secondary schools; and
            (2) are not anticipated to be needed for use by the 
        Executive agency or the Administration during the following 9-
        month period.
    (b) Notification.--Each Executive agency and the Administration 
shall--
            (1) make available for leasing or subleasing by nearby 
        local educational agencies any properties identified as 
        available and suitable for use under subsection (a); and
            (2) publish in the Federal Register notice of the 
        availability of such properties.
    (c) Priority for Property in District of Columbia.--An Executive 
agency and the Administration shall give priority to the public schools 
of the District of Columbia in leases and subleases made available 
under this Act for real property located in the District of Columbia.

SEC. 5. USE OF SOAR ACT FUNDS FOR PUBLIC SCHOOLS OF DISTRICT OF 
              COLUMBIA.

    (a) Flexibility of Funds Received Through the Scholarships for 
Opportunity and Results Act.--
            (1) In general.--Notwithstanding the requirements of the 
        Scholarships for Opportunity and Results Act of 2011 
        (hereinafter referred to as the ``SOAR Act''), any public 
        school of the District of Columbia may utilize funds received 
        through SOAR Act grants for the purpose of leasing or 
        subleasing available Federal real property to expand in-person 
        education at such school during the public health emergency 
        described in section 2.
            (2) Diversion of funds.--Recipients of SOAR Act grants that 
        were originally intended for use on particular projects to 
        improve and expand the quality of public schools in the 
        District of Columbia may divert or reprogram funds provided 
        under such grants to cover the cost of leasing or subleasing 
        available Federal real property to expand in-person education 
        at public schools of the District of Columbia during the public 
        health emergency described in section 2.
    (b) Sunset.--This section shall cease to have an effect on the date 
that is 90 days after the date on which the public health emergency 
declared under section 319 of the Public Health Service Act (42 U.S.C. 
247d) with respect to COVID-19 terminates.

SEC. 6. ALLOWING USE OF STATE AND LOCAL RELIEF FUNDS FOR IN-PERSON 
              EDUCATION.

    (a) Coronavirus State Fiscal Recovery Fund.--Section 602(c)(1) of 
the Social Security Act (42 U.S.C. 802(c)(1)) is amended--
            (1) in subparagraph (C) by striking ``or'' at the end;
            (2) in subparagraph (D) by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E) for reimbursements for costs expended by 
                public, private, and charter elementary schools and 
                secondary schools (as such terms are defined in the 
                LEARN Act of 2021) associated with returning to an in-
                person education (as such term is defined in such Act), 
                including leasing or subleasing Federal civilian real 
                property under such Act.''.
    (b) Coronavirus Local Fiscal Recovery Fund.--Section 603(c)(1) of 
the Social Security Act (42 U.S.C. 803(c)(1)) is amended--
            (1) in subparagraph (C) by striking ``or'' at the end;
            (2) in subparagraph (D) by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E) for reimbursements for costs expended by 
                public, private, and charter elementary schools and 
                secondary schools (as such terms are defined in the 
                LEARN Act of 2021) associated with returning to an in-
                person education (as such term is defined in such Act), 
                including leasing or subleasing Federal civilian real 
                property under such Act.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to payments made after the date of the enactment of the American 
Rescue Plan Act of 2021 (Public Law 117-2).

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        General Services Administration.
            (2) ESEA terms.--The terms ``elementary school'', ``local 
        educational agency'', and ``secondary school'' have the 
        meanings given those terms in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (3) Executive agency.--The term ``Executive agency'' has 
        the meaning given the term in section 105 of title 5, United 
        States Code.
            (4) In-person education.--The term ``in-person education'' 
        means education in which both students and educators are 
        physically present for the majority of the schooling hours and 
        actively providing educational services.
            (5) Public schools of the district of columbia.--The term 
        ``public schools of the District of Columbia'' means District 
        of Columbia public schools and District of Columbia public 
        charter schools.

SEC. 8. RULE OF CONSTRUCTION.

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