Support Our Schools Act
This bill provides additional FY2021 funding for the Department of Education to address the continued impact of COVID-19 (i.e., coronavirus disease 2019) on elementary and secondary schools and institutions of higher education (IHEs). It also provides additional FY2021 funding for specified purposes to the National Endowment for the Arts, the National Endowment for the Humanities, the Institute of Museum and Library Services, and the Administration for Native Americans.
In addition, the bill modifies the so-called 90/10 rule to require for-profit IHEs to include all forms of federal education aid in the revenue calculation for federal student-aid program eligibility. (Generally, this rule requires a for-profit IHE to derive at least 10% of its revenue from sources other than federal financial aid.)
To provide emergency relief for schools, and for other purposes.

    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 ``Support Our Schools Act''.

SEC. 2. ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND.

    (a) In General.--In addition to amounts otherwise available, there 
is appropriated to the Department of Education for fiscal year 2021, 
out of any money in the Treasury not otherwise appropriated, 
$128,554,800,000, to remain available through September 30, 2023, for 
providing grants to States in accordance with the same terms and 
conditions that apply to the Elementary and Secondary School Emergency 
Relief Fund of the Education Stabilization Fund for funding 
appropriated for fiscal year 2021, except that--
            (1) a State that receives a grant under this section shall 
        use--
                    (A) not less than 90 percent of such grant for 
                subgrants to local educational agencies; and
                    (B) not less than 5 percent of such grant to carry 
                out, directly or through grants or contracts, 
                activities to address learning loss by supporting the 
                implementation of evidence-based interventions, such as 
                summer learning, extended day comprehensive afterschool 
                programs, or extended school year programs, and ensure 
                such interventions respond to students' academic, 
                social, and emotional needs and address the 
                disproportionate impact of the coronavirus on the 
                student populations described in section 
                1111(h)(1)(C)(ii) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)); 
                and
            (2) each local educational agency that receives funds from 
        a subgrant under paragraph (1)(A) shall--
                    (A) reserve not less than 20 percent of such funds 
                to address learning loss through the implementation of 
                evidence-based interventions, such as summer learning, 
                extended day comprehensive afterschool programs, or 
                extended school year programs, and ensure such 
                interventions respond to students' academic, social, 
                and emotional needs and address the disproportionate 
                impact of the coronavirus on the student populations 
                described in section 1111(h)(1)(C)(ii) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(h)(1)(C)(ii)); and
                    (B) using funds reserved under subparagraph (A), 
                provide equitable services in the same manner as 
                provided under section 1117 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6320) to 
                students and teachers in non-public schools, as 
                determined in consultation with representatives of non-
                public schools.
    (b) Public Control of Funds.--Control of funds provided under 
subsection (a)(2)(B), and title to materials, equipment, and property 
purchased with such funds, shall be in a public agency, and a public 
agency shall administer such funds, materials, equipment, and property 
and shall provide such services (or may contract for the provision of 
such services with a public or private entity).

SEC. 3. HIGHER EDUCATION EMERGENCY RELIEF FUND.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $39,584,570,000, to remain 
available through September 30, 2023, for making allocations to 
institutions of higher education in accordance with the same terms and 
conditions that apply to the Higher Education Emergency Relief Fund of 
the Education Stabilization Fund for funding appropriated for fiscal 
year 2021, except that--
            (1) 91 percent of such funds shall be allocated to each 
        institution of higher education as defined in section 101 or 
        section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 
        1001, 1002(c)), and shall be apportioned using the same formula 
        used to apportion funds to each such institution under such 
        Higher Education Emergency Relief Fund;
            (2) 1 percent of such funds shall be allocated to 
        institutions of higher education as defined in section 102(b) 
        of the Higher Education Act of 1965 (20 U.S.C. 1002(b)), and 
        shall be apportioned using the same formula used to apportion 
        funds to each such institution under such Higher Education 
        Emergency Relief Fund;
            (3) an institution shall solely determine which students 
        receive emergency financial aid grants under this section;
            (4) an institution receiving an allocation--
                    (A) under paragraph (1) shall use not less than 50 
                percent of such allocation to provide emergency 
                financial aid grants to students; and
                    (B) under paragraph (2) shall use 100 percent of 
                such allocation to provide emergency financial aid 
                grants to students;
            (5) an institution receiving an allocation under paragraph 
        (1) shall use a portion of such allocation to--
                    (A) implement evidence-based practices to monitor 
                and suppress coronavirus in accordance with public 
                health guidelines; and
                    (B) conduct direct outreach to financial aid 
                applicants about the opportunity to receive a financial 
                aid adjustment due to the recent unemployment of a 
                family member or independent student, or other 
                circumstances, described in section 479A of the Higher 
                Education Act of 1965 (20 U.S.C. 1087tt);
            (6) notwithstanding paragraph (4)(A) or paragraph (5), an 
        institution receiving an allocation under paragraph (1) a 
        portion of which is apportioned according to a relative share 
        (based on full-time equivalent enrollment or total number) of 
        students who were Pell grant recipients and who were 
        exclusively enrolled in distance education courses prior to the 
        qualifying emergency shall use 100 percent of such portion to 
        provide emergency financial aid grants to students; and
            (7) institutions required to remit payment to the Internal 
        Revenue Service for the excise tax based on investment income 
        of private colleges and universities under section 4968 of the 
        Internal Revenue Code of 1986 for tax year 2019 shall not be 
        subject to restrictions related to the amount of allocations or 
        uses of funds applicable to such institutions under such Higher 
        Education Emergency Relief Fund.

SEC. 4. MAINTENANCE OF EFFORT AND MAINTENANCE OF EQUITY.

    (a) State Maintenance of Effort.--
            (1) In general.--As a condition of receiving funds under 
        section 2, a State shall maintain support for elementary and 
        secondary education, and for higher education (which shall 
        include State funding to institutions of higher education and 
        State need-based financial aid, and shall not include support 
        for capital projects or for research and development or tuition 
        and fees paid by students), in each of fiscal years 2022 and 
        2023 at least at the proportional levels of such State's 
        support for elementary and secondary education and for higher 
        education relative to such State's overall spending, averaged 
        over fiscal years 2017, 2018, and 2019.
            (2) Waiver.--For the purpose of relieving fiscal burdens 
        incurred by States in preventing, preparing for, and responding 
        to the coronavirus, the Secretary of Education may waive any 
        maintenance of effort requirements associated with the 
        Education Stabilization Fund.
    (b) State Maintenance of Equity.--
            (1) High-poverty local educational agencies.--As a 
        condition of receiving funds under section 2, a State 
        educational agency shall not, in fiscal year 2022 or 2023, 
        reduce State funding (calculated on a per-pupil basis) for any 
        high-poverty local educational agency in the State by an amount 
        that exceeds the overall per-pupil reduction in State funds, if 
        any, across all local educational agencies in such State in 
        such fiscal year.
            (2) Local educational agencies with highest share of 
        economically disadvantaged student.--Notwithstanding paragraph 
        (1), as a condition of receiving funds under section 2, a State 
        educational agency shall not, in fiscal year 2022 or 2023, 
        reduce State funding for any local educational agency that is 
        part of the 20 percent of local educational agencies in the 
        State with the highest percentage of economically disadvantaged 
        students (based on the percentages of economically 
        disadvantaged students served by all local educational agencies 
        in the State on the basis of the most recent satisfactory data 
        available from the Department of Commerce) below the level of 
        funding provided to such local educational agencies in fiscal 
        year 2019.
    (c) Local Educational Agency Maintenance of Equity for High-Poverty 
Schools.--As a condition of receiving funds under section 2, a local 
educational agency shall not, in fiscal year 2022 or 2023--
            (1) reduce per-pupil funding (from combined State and local 
        funding) for any high-poverty school served by such local 
        educational agency by an amount that exceeds--
                    (A) the total reduction in local educational agency 
                funding (from combined State and local funding) for all 
                schools served by the local educational agency in such 
                fiscal year (if any); divided by
                    (B) the number of children enrolled in all schools 
                served by the local educational agency in such fiscal 
                year; or
            (2) reduce per-pupil, full-time equivalent staff in any 
        high-poverty school by an amount that exceeds--
                    (A) the total reduction in full-time equivalent 
                staff in all schools served by such local educational 
                agency in such fiscal year (if any); divided by
                    (B) the number of children enrolled in all schools 
                served by the local educational agency in such fiscal 
                year.
    (d) Definitions.--In this section:
            (1) The term ``high-poverty local educational agency'' 
        means, with respect to a local educational agency in a State, a 
        local educational agency that serves a higher percentage of 
        economically disadvantaged students than the local educational 
        agency that serves the median percentage of economically 
        disadvantaged students, based on the percentages of 
        economically disadvantaged students served by all local 
        educational agencies in such State, on the basis of the most 
        recent satisfactory data available from the Department of 
        Commerce.
            (2) The term ``high-poverty school'' means, with respect to 
        a school served by a local educational agency, a school that 
        serves a higher percentage of economically disadvantaged 
        students, as determined by any of the measures of poverty in 
        section 1113 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6313) than the school that serves the median 
        percentage of economically disadvantaged students based on the 
        percentages of economically disadvantaged students--
                    (A) at all schools served by such local educational 
                agency; or
                    (B) at all schools within each grade-span of such 
                local educational agency.
            (3) The term ``overall per-pupil reduction in State funds'' 
        means, with respect to a fiscal year--
                    (A) the amount of any reduction in the total amount 
                of State funds provided to all local educational 
                agencies in the State in such fiscal year compared to 
                the total amount of such funds provided to all local 
                educational agencies in the State in the previous 
                fiscal year; divided by
                    (B) the aggregate number of children enrolled in 
                all schools served by all local educational agencies in 
                the State in the fiscal year for which the 
                determination is being made.

SEC. 5. OUTLYING AREAS.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $850,000,000, to remain 
available through September 30, 2023, for the Secretary of Education to 
allocate awards to the outlying areas on the basis of their respective 
needs, as determined by the Secretary, to be allocated not more than 30 
calendar days after the date of enactment of this Act.

SEC. 6. BUREAU OF INDIAN EDUCATION.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $850,000,000, to remain 
available until expended, for the Secretary of Education to allocate to 
the Secretary of the Interior for awards, which awards shall be 
determined and funds for such awards allocated by the Secretary of the 
Interior not more than 30 calendar days after the date of enactment of 
this Act, for programs operated or funded by the Bureau of Indian 
Education, for Bureau-funded schools (as defined in section 1141(3) of 
the Education Amendments of 1978 (25 U.S.C. 2021(3))), and for Tribal 
Colleges or Universities (as defined in section 316(b)(3) of the Higher 
Education Act of 1965 (20 U.S.C. 1059c(b)(3))).

SEC. 7. GALLAUDET UNIVERSITY.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $19,250,000, to remain 
available through September 30, 2023, for the Kendall Demonstration 
Elementary School, the Model Secondary School for the Deaf, and 
Gallaudet University under titles I and II of the Education of the Deaf 
Act of 1986 (20 U.S.C. 4301 et seq.) to prevent, prepare for, and 
respond to coronavirus, domestically or internationally, including to 
defray expenses associated with coronavirus (including lost revenue, 
reimbursement for expenses already incurred, technology costs 
associated with a transition to distance education, faculty and staff 
trainings, and payroll) and to provide financial aid grants to 
students, which may be used for any component of the student's cost of 
attendance.

SEC. 8. STUDENT AID ADMINISTRATION.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $91,130,000, to remain 
available through September 30, 2023, for Student Aid Administration 
within the Department of Education to prevent, prepare for, and respond 
to coronavirus, domestically or internationally, including direct 
outreach to students and borrowers about financial aid, economic impact 
payments, means-tested benefits, and tax benefits for which they may be 
eligible.

SEC. 9. HOWARD UNIVERSITY.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $35,000,000, to remain 
available through September 30, 2023, for Howard University to prevent, 
prepare for, and respond to coronavirus, domestically or 
internationally, including to defray expenses associated with 
coronavirus (including lost revenue, reimbursement for expenses already 
incurred, technology costs associated with a transition to distance 
education, faculty and staff trainings, and payroll) and to provide 
financial aid grants to students, which may be used for any component 
of the student's cost of attendance.

SEC. 10. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $19,250,000, to remain 
available through September 30, 2023, for the National Technical 
Institute for the Deaf under titles I and II of the Education of the 
Deaf Act of 1986 (20 U.S.C. 4301 et seq.) to prevent, prepare for, and 
respond to coronavirus, domestically or internationally, including to 
defray expenses associated with coronavirus (including lost revenue, 
reimbursement for expenses already incurred, technology costs 
associated with a transition to distance education, faculty and staff 
training, and payroll) and to provide financial aid grants to students, 
which may be used for any component of the student's cost of 
attendance.

SEC. 11. INSTITUTE OF EDUCATION SCIENCES.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $100,000,000, to remain 
available through September 30, 2023, for the Institute of Education 
Sciences established under part A of title I of the Education Sciences 
Reform Act of 2002 (20 U.S.C. 9511 et seq.) to carry out research 
related to addressing learning loss caused by the coronavirus among the 
student populations described in section 1111(h)(1)(C)(ii) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(h)(1)(C)(ii)) and to disseminate such findings to State 
educational agencies and local educational agencies and other 
appropriate entities.

SEC. 12. PROGRAM ADMINISTRATION.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $15,000,000, to remain 
available through September 30, 2024, for Program Administration within 
the Department of Education to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, and for salaries and 
expenses necessary to implement this Act.

SEC. 13. OFFICE OF INSPECTOR GENERAL.

    In addition to amounts otherwise available, there is appropriated 
to the Department of Education for fiscal year 2021, out of any money 
in the Treasury not otherwise appropriated, $5,000,000, to remain 
available until expended, for the Office of Inspector General of the 
Department of Education, as authorized by section 211 of the Department 
of Education Organization Act (20 U.S.C. 3422), to prevent, prepare 
for, and respond to coronavirus, domestically or internationally, 
including for salaries and expenses necessary for oversight, 
investigations, and audits of programs, grants, and projects funded 
under this Act to respond to coronavirus.

SEC. 14. MODIFICATION OF REVENUE REQUIREMENTS FOR PROPRIETARY 
              INSTITUTIONS OF HIGHER EDUCATION.

    (a) In General.--Section 487(a)(24) of the Higher Education Act of 
1965 (20 U.S.C. 1094(a)(24)) is amended by striking ``funds provided 
under this title'' and inserting ``Federal funds that are disbursed or 
delivered to or on behalf of a student to be used to attend such 
institution (referred to in this paragraph and subsection (d) as 
`Federal education assistance funds')''.
    (b) Implementation of Non-Federal Revenue Requirement.--Section 
487(d) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)) is 
amended--
            (1) in the subsection heading, by striking ``Non-title IV'' 
        and inserting ``Non-Federal''; and
            (2) in paragraph (1)(C), by striking ``funds for a program 
        under this title'' and inserting ``Federal education assistance 
        funds''.

SEC. 15. NATIONAL ENDOWMENT FOR THE ARTS.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2021, out of any money in the Treasury not otherwise 
appropriated, $135,000,000, to remain available until expended, under 
the National Foundation on the Arts and the Humanities Act of 1965 (20 
U.S.C. 951 et seq.), as follows:
            (1) Forty percent shall be for grants, and relevant 
        administrative expenses, to State arts agencies and regional 
        arts organizations that support organizations' programming and 
        general operating expenses to cover up to 100 percent of the 
        costs of the programs which the grants support, to prevent, 
        prepare for, respond to, and recover from the coronavirus.
            (2) Sixty percent shall be for direct grants, and relevant 
        administrative expenses, that support organizations' 
        programming and general operating expenses to cover up to 100 
        percent of the costs of the programs which the grants support, 
        to prevent, prepare for, respond to, and recover from the 
        coronavirus.

SEC. 16. NATIONAL ENDOWMENT FOR THE HUMANITIES.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2021, out of any money in the Treasury not otherwise 
appropriated, $135,000,000, to remain available until expended, under 
the National Foundation on the Arts and the Humanities Act of 1965 (20 
U.S.C. 951 et seq.), as follows:
            (1) Forty percent shall be for grants, and relevant 
        administrative expenses, to State humanities councils that 
        support humanities organizations' programming and general 
        operating expenses to cover up to 100 percent of the costs of 
        the programs which the grants support, to prevent, prepare for, 
        respond to, and recover from the coronavirus.
            (2) Sixty percent shall be for direct grants, and relevant 
        administrative expenses, that support humanities organizations' 
        programming and general operating expenses to cover up to 100 
        percent of the costs of the programs which the grants support, 
        to prevent, prepare for, respond to, and recover from the 
        coronavirus.

SEC. 17. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.

    In addition to amounts otherwise available, there is appropriated 
for fiscal year 2021, out of any money in the Treasury not otherwise 
appropriated, $200,000,000, to remain available until expended, to 
carry out the Library Services and Technology Act (20 U.S.C. 9121 et 
seq.) as authorized under subtitle B of the Museum and Library Services 
Act (20 U.S.C. 9121 et seq.), including for administrative costs 
authorized under section 210C of such Act (20 U.S.C. 9111), except 
that--
            (1) section 221(b)(3)(A) of the Library Services and 
        Technology Act shall be applied by substituting ``$2,000,000'' 
        for ``$680,000'' and by substituting ``$200,000'' for 
        ``$60,000''; and
            (2) section 221(b)(3)(C) and subsections (b) and (c) of 
        section 223 of such Act shall not apply to funds provided under 
        this section.

SEC. 18. COVID-19 RESPONSE RESOURCES FOR THE PRESERVATION AND 
              MAINTENANCE OF NATIVE AMERICAN LANGUAGES.

    (a) Section 816 of the Native American Programs Act of 1974 (42 
U.S.C. 2992d) is amended by adding at the end the following:
    ``(f) In addition to amounts otherwise available, there is 
appropriated for fiscal year 2021, out of any money in the Treasury not 
otherwise appropriated, $10,000,000 to remain available until expended, 
to carry out section 803C(g) of this Act.''.
    (b) Section 803C of the Native American Programs Act of 1974 (42 
U.S.C. 2991b-3) is amended by adding at the end the following:
    ``(g) Emergency Grants for Native American Language Preservation 
and Maintenance.--Not later than 180 days after the effective date of 
this subsection, the Secretary shall award grants to entities eligible 
to receive assistance under subsection (a) to ensure the survival and 
continuing vitality of Native American languages during and after the 
public health emergency declared by the Secretary pursuant to section 
319 of the Public Health Service Act (42 U.S.C. 247d) with respect to 
the COVID-19 pandemic.''.
                                 <all>
Support Our Schools Act
To provide emergency relief for schools, and for other purposes.
Support Our Schools Act
Rep. Fitzpatrick, Brian K.