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it will not provide, pay for, provide coverage of, or provide 
referrals for abortions: Provided, That the Secretary shall 
make appropriate prospective adjustments to the capita-
tion payment to such an entity (based on an actuarially 
sound estimate of the expected costs of providing the serv-
ice to such entity’s enrollees): Provided further, That noth-
ing in this section shall be construed to change the Medi-
care program’s coverage for such services and a Medicare 
Advantage organization described in this section shall be 
responsible for informing enrollees where to obtain infor-
mation about all Medicare covered services. 
SEC. 210. None of the funds made available in this 
title may be used, in whole or in part, to advocate or pro-
mote gun control. 
SEC. 211. The Secretary shall make available through 
assignment not more than 60 employees of the Public 
Health Service to assist in child survival activities and to 
work in AIDS programs through and with funds provided 
by the Agency for International Development, the United 
Nations International Children’s Emergency Fund or the 
World Health Organization. 
SEC. 212. In order for HHS to carry out inter-
national health activities, including HIV/AIDS and other 
infectious disease, chronic and environmental disease, and 
other health activities abroad during fiscal year 2021: 
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(1) The Secretary may exercise authority equiv-
alent to that available to the Secretary of State in 
section 2(c) of the State Department Basic Authori-
ties Act of 1956. The Secretary shall consult with 
the Secretary of State and relevant Chief of Mission 
to ensure that the authority provided in this section 
is exercised in a manner consistent with section 207 
of the Foreign Service Act of 1980 and other appli-
cable statutes administered by the Department of 
State. 
(2) The Secretary is authorized to provide such 
funds by advance or reimbursement to the Secretary 
of State as may be necessary to pay the costs of ac-
quisition, lease, alteration, renovation, and manage-
ment of facilities outside of the United States for 
the use of HHS. The Department of State shall co-
operate fully with the Secretary to ensure that HHS 
has secure, safe, functional facilities that comply 
with applicable regulation governing location, set-
back, and other facilities requirements and serve the 
purposes established by this Act. The Secretary is 
authorized, in consultation with the Secretary of 
State, through grant or cooperative agreement, to 
make available to public or nonprofit private institu-
tions or agencies in participating foreign countries, 
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funds to acquire, lease, alter, or renovate facilities in 
those countries as necessary to conduct programs of 
assistance for international health activities, includ-
ing activities relating to HIV/AIDS and other infec-
tious diseases, chronic and environmental diseases, 
and other health activities abroad. 
(3) The Secretary is authorized to provide to 
personnel appointed or assigned by the Secretary to 
serve abroad, allowances and benefits similar to 
those provided under chapter 9 of title I of the For-
eign Service Act of 1980, and 22 U.S.C. 4081 
through 4086 and subject to such regulations pre-
scribed by the Secretary. The Secretary is further 
authorized to provide locality-based comparability 
payments (stated as a percentage) up to the amount 
of the locality-based comparability payment (stated 
as a percentage) that would be payable to such per-
sonnel under section 5304 of title 5, United States 
Code if such personnel’s official duty station were in 
the District of Columbia. Leaves of absence for per-
sonnel under this subsection shall be on the same 
basis as that provided under subchapter I of chapter 
63 of title 5, United States Code, or section 903 of 
the Foreign Service Act of 1980, to individuals serv-
ing in the Foreign Service. 
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(TRANSFER OF FUNDS) 
SEC. 213. The Director of the NIH, jointly with the 
Director of the Office of AIDS Research, may transfer up 
to 3 percent among institutes and centers from the total 
amounts identified by these two Directors as funding for 
research pertaining to the human immunodeficiency virus: 
Provided, That the Committees on Appropriations of the 
House of Representatives and the Senate are notified at 
least 15 days in advance of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 214. Of the amounts made available in this Act 
for NIH, the amount for research related to the human 
immunodeficiency virus, as jointly determined by the Di-
rector of NIH and the Director of the Office of AIDS Re-
search, shall be made available to the ‘‘Office of AIDS 
Research’’ account. The Director of the Office of AIDS 
Research shall transfer from such account amounts nec-
essary to carry out section 2353(d)(3) of the PHS Act. 
SEC. 215. (a) AUTHORITY.—Notwithstanding any 
other provision of law, the Director of NIH (‘‘Director’’) 
may use funds authorized under section 402(b)(12) of the 
PHS Act to enter into transactions (other than contracts, 
cooperative agreements, or grants) to carry out research 
identified pursuant to or research and activities described 
in such section 402(b)(12). 
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(b) PEER REVIEW.—In entering into transactions 
under subsection (a), the Director may utilize such peer 
review procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appro-
priate to obtain assessments of scientific and technical 
merit. Such procedures shall apply to such transactions 
in lieu of the peer review and advisory council review pro-
cedures that would otherwise be required under sections 
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 
and 494 of the PHS Act. 
SEC. 216. Not to exceed $45,000,000 of funds appro-
priated by this Act to the institutes and centers of the 
National Institutes of Health may be used for alteration, 
repair, or improvement of facilities, as necessary for the 
proper and efficient conduct of the activities authorized 
herein, at not to exceed $3,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 217. Of the amounts made available for NIH, 
1 percent of the amount made available for National Re-
search Service Awards (‘‘NRSA’’) shall be made available 
to the Administrator of the Health Resources and Services 
Administration to make NRSA awards for research in pri-
mary medical care to individuals affiliated with entities 
who have received grants or contracts under section 736, 
739, or 747 of the PHS Act, and 1 percent of the amount 
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made available for NRSA shall be made available to the 
Director of the Agency for Healthcare Research and Qual-
ity to make NRSA awards for health service research. 
SEC. 218. (a) The Biomedical Advanced Research 
and Development Authority (‘‘BARDA’’) may enter into 
a contract, for more than one but no more than 10 pro-
gram years, for purchase of research services or of security 
countermeasures, as that term is defined in section 319F– 
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 
if— 
(1) funds are available and obligated— 
(A) for the full period of the contract or 
for the first fiscal year in which the contract is 
in effect; and 
(B) for the estimated costs associated with 
a necessary termination of the contract; and 
(2) the Secretary determines that a multi-year 
contract will serve the best interests of the Federal 
Government by encouraging full and open competi-
tion or promoting economy in administration, per-
formance, and operation of BARDA’s programs. 
(b) A contract entered into under this section— 
(1) shall include a termination clause as de-
scribed by subsection (c) of section 3903 of title 41, 
United States Code; and 
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(2) shall be subject to the congressional notice 
requirement stated in subsection (d) of such section. 
SEC. 219. (a) The Secretary shall publish in the fiscal 
year 2021 budget justification and on Departmental 
websites information concerning the employment of full- 
time equivalent Federal employees or contractors for the 
purposes of implementing, administering, enforcing, or 
otherwise carrying out the provisions of the ACA, and the 
amendments made by that Act, in the proposed fiscal year 
and each fiscal year since the enactment of the ACA. 
(b) With respect to employees or contractors sup-
ported by all funds appropriated for purposes of carrying 
out the ACA (and the amendments made by that Act), 
the Secretary shall include, at a minimum, the following 
information: 
(1) For each such fiscal year, the section of 
such Act under which such funds were appropriated, 
a statement indicating the program, project, or ac-
tivity receiving such funds, the Federal operating di-
vision or office that administers such program, and 
the amount of funding received in discretionary or 
mandatory appropriations. 
(2) For each such fiscal year, the number of 
full-time equivalent employees or contracted employ-
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ees assigned to each authorized and funded provision 
detailed in accordance with paragraph (1). 
(c) In carrying out this section, the Secretary may 
exclude from the report employees or contractors who— 
(1) are supported through appropriations en-
acted in laws other than the ACA and work on pro-
grams that existed prior to the passage of the ACA; 
(2) spend less than 50 percent of their time on 
activities funded by or newly authorized in the ACA; 
or 
(3) work on contracts for which FTE reporting 
is not a requirement of their contract, such as fixed- 
price contracts. 
SEC. 220. The Secretary shall publish, as part of the 
fiscal year 2022 budget of the President submitted under 
section 1105(a) of title 31, United States Code, informa-
tion that details the uses of all funds used by the Centers 
for Medicare & Medicaid Services specifically for Health 
Insurance Exchanges for each fiscal year since the enact-
ment of the ACA and the proposed uses for such funds 
for fiscal year 2022. Such information shall include, for 
each such fiscal year, the amount of funds used for each 
activity specified under the heading ‘‘Health Insurance 
Exchange Transparency’’ in the explanatory statement de-
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scribed in section 4 (in the matter preceding division A 
of this consolidated Act). 
SEC. 221. None of the funds made available by this 
Act from the Federal Hospital Insurance Trust Fund or 
the Federal Supplemental Medical Insurance Trust Fund, 
or transferred from other accounts funded by this Act to 
the ‘‘Centers for Medicare & Medicaid Services—Program 
Management’’ account, may be used for payments under 
section 1342(b)(1) of Public Law 111–148 (relating to 
risk corridors). 
(TRANSFER OF FUNDS) 
SEC. 222. (a) Within 45 days of enactment of this 
Act, the Secretary shall transfer funds appropriated under 
section 4002 of the ACA to the accounts specified, in the 
amounts specified, and for the activities specified under 
the heading ‘‘Prevention and Public Health Fund’’ in the 
committee report accompanying this Act. 
(b) Notwithstanding section 4002(c) of the ACA, the 
Secretary may not further transfer these amounts. 
(c) Funds transferred for activities authorized under 
section 2821 of the PHS Act shall be made available with-
out reference to section 2821(b) of such Act. 
SEC. 223. Effective during the period beginning on 
November 1, 2015 and ending January 1, 2025, any pro-
vision of law that refers (including through cross-reference 
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to another provision of law) to the current recommenda-
tions of the United States Preventive Services Task Force 
with respect to breast cancer screening, mammography, 
and prevention shall be administered by the Secretary in-
volved as if— 
(1) such reference to such current recommenda-
tions were a reference to the recommendations of 
such Task Force with respect to breast cancer 
screening, mammography, and prevention last issued 
before 2009; and 
(2) such recommendations last issued before 
2009 applied to any screening mammography modal-
ity under section 1861(jj) of the Social Security Act 
(42 U.S.C. 1395x(jj)). 
SEC. 224. In making Federal financial assistance, the 
provisions relating to indirect costs in part 75 of title 45, 
Code of Federal Regulations, including with respect to the 
approval of deviations from negotiated rates, shall con-
tinue to apply to the National Institutes of Health to the 
same extent and in the same manner as such provisions 
were applied in the third quarter of fiscal year 2017. None 
of the funds appropriated in this or prior Acts or otherwise 
made available to the Department of Health and Human 
Services or to any department or agency may be used to 
develop or implement a modified approach to such provi-
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sions, or to intentionally or substantially expand the fiscal 
effect of the approval of such deviations from negotiated 
rates beyond the proportional effect of such approvals in 
such quarter. 
(TRANSFER OF FUNDS) 
SEC. 225. The NIH Director may transfer discre-
tionary amounts identified by the Director as funding for 
opioid addiction, opioid alternatives, pain management, 
and addiction treatment among Institutes and Centers of 
the NIH to be used for the same purpose 15 days after 
notifying the Committees on Appropriations: Provided, 
That the transfer authority provided in the previous pro-
viso is in addition to any other transfer authority provided 
by law. 
SEC. 226. (a) The Secretary shall provide to the 
Committees on Appropriations of the House of Represent-
atives and the Senate: 
(1) Detailed monthly enrollment figures from 
the Exchanges established under the Patient Protec-
tion and Affordable Care Act of 2010 pertaining to 
enrollments during the open enrollment period, in-
cluding State enrollment figures disaggregated by 
race, ethnicity, preferred language, age, and sex. 
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(2) Notification of any new or competitive grant 
awards, including supplements, authorized under 
section 330 of the Public Health Service Act. 
(b) The Committees on Appropriations of the House 
and Senate must be notified at least 2 business days in 
advance of any public release of enrollment information 
or the award of such grants. 
SEC. 227. The Department of Health and Human 
Services shall provide the Committees on Appropriations 
of the House of Representatives and Senate a biannual 
report 30 days after enactment of this Act on staffing de-
scribed in the committee report accompanying this Act. 
SEC. 228. Funds appropriated in this Act that are 
available for salaries and expenses of employees of the De-
partment of Health and Human Services shall also be 
available to pay travel and related expenses of such an 
employee or of a member of his or her family, when such 
employee is assigned to duty, in the United States or in 
a U.S. territory, during a period and in a location that 
are the subject of a determination of a public health emer-
gency under section 319 of the Public Health Service Act 
and such travel is necessary to obtain medical care for 
an illness, injury, or medical condition that cannot be ade-
quately addressed in that location at that time. For pur-
poses of this section, the term ‘‘U.S. territory’’ means 
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Guam, the Commonwealth of Puerto Rico, the Northern 
Mariana Islands, the Virgin Islands, American Samoa, or 
the Trust Territory of the Pacific Islands. 
SEC. 229. The Department of Health and Human 
Services may accept donations from the private sector, 
nongovernmental organizations, and other groups inde-
pendent of the Federal Government for the care of unac-
companied alien children (as defined in section 462(g)(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 
279(g)(2))) in the care of the Office of Refugee Resettle-
ment of the Administration for Children and Families, in-
cluding medical goods and services, which may include 
early childhood developmental screenings, school supplies, 
toys, clothing, and any other items intended to promote 
the wellbeing of such children. 
SEC. 230. None of the funds provided by this or any 
prior appropriations Act may be used to reverse changes 
in procedures made by operational directives issued to pro-
viders by the Office of Refugee Resettlement on December 
18, 2018, March 23, 2019, and June 10, 2019 regarding 
the Memorandum of Agreement on Information Sharing 
executed April 13, 2018. 
SEC. 231. None of the funds made available in this 
Act under the heading ‘‘Department of Health and 
Human Services—Administration for Children and Fami-
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lies—Refugee and Entrant Assistance’’ may be obligated 
to a grantee or contractor to house unaccompanied alien 
children (as such term is defined in section 462(g)(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) 
in any facility that is not State-licensed for the care of 
unaccompanied alien children. 
SEC. 232. None of the funds made available in this 
Act may be used to prevent a United States Senator or 
Member of the House of Representatives from entering, 
for the purpose of conducting oversight, any facility in the 
United States used for the purpose of maintaining custody 
of, or otherwise housing, unaccompanied alien children (as 
defined in section 462(g)(2) of the Homeland Security Act 
of 2002 (6 U.S.C. 279(g)(2))). Nothing in this section 
shall be construed to require such a Senator or Member 
to provide prior notice of the intent to enter such a facility 
for such purpose. 
SEC. 233. Not later than 14 days after the date of 
enactment of this Act, and monthly thereafter, the Sec-
retary shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate, and make 
publicly available online, a report with respect to children 
who were separated from their parents or legal guardians 
by the Department of Homeland Security (DHS) (regard-
less of whether or not such separation was pursuant to 
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an option selected by the children, parents, or guardians), 
subsequently classified as unaccompanied alien children, 
and transferred to the care and custody of ORR during 
the previous month. Each report shall contain the fol-
lowing information: 
(1) The number and ages of children so sepa-
rated subsequent to apprehension at or between 
ports of entry, to be reported by sector where sepa-
ration occurred. 
(2) The documented cause of separation, as re-
ported by DHS when each child was referred. 
(3) The length of any such separation. 
(4) The status of any efforts undertaken by the 
Secretary to reunify such children with a parent or 
legal guardian. 
(5) The number of any such reunifications, and 
whether the reunified families were placed in family 
detention. 
SEC. 234. None of the funds made available in this 
or any prior appropriations Act may be used to implement 
or enforce the Memorandum of Agreement Among the Of-
fice of Refugee Resettlement of the Department of Health 
and Human Services and U.S. Immigration and Customs 
Enforcement and U.S. Customs and Border Protection of 
the Department of Homeland Security Regarding Con-
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sultation and Information Sharing in Unaccompanied 
Alien Children Matters, dated April 13, 2018. Nothing in 
this section shall be construed to prohibit or restrict the 
continued implementation of interagency agreements or 
coordination of policy memoranda issued prior to April 13, 
2018. 
SEC. 235. None of the funds made available in this 
Act or any other Act may be used by the Secretary of 
Health and Human Services to share information provided 
by unaccompanied alien children (as defined in section 
462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2))) during mental health or therapeutic 
services with the Department of Homeland Security or the 
Department of Justice for immigration enforcement. 
SEC. 236. To the extent practicable, and so long as 
it is appropriate and in the best interest of the child, in 
cases where the Office of Refugee Resettlement of the De-
partment of Health and Human Services is responsible for 
the care of siblings who are unaccompanied alien children 
(as defined in section 462(g)(2) of the Homeland Security 
Act of 2002 (6 U.S.C. 279(g)(2)), the Director of the Of-
fice shall place the siblings— 
(1) in the same facility; or 
(2) with the same sponsor. 
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SEC. 237. The Secretary of Health and Human Serv-
ices is directed to report the death of any unaccompanied 
alien child in Office of Refugee Resettlement (ORR) cus-
tody or in the custody of any grantee on behalf of ORR 
within 24 hours, including relevant details regarding the 
circumstances of the fatality, to the Committees on Appro-
priations of the House of Representatives and the Senate. 
SEC. 238. Not later than 30 days after the date of 
enactment of this Act, the Secretary shall submit to the 
Committees on Appropriations of the House of Represent-
atives and the Senate a detailed spend plan of anticipated 
uses of all funds made available under the heading ‘‘De-
partment of Health and Human Services—Administration 
for Children and Families—Refugee and Entrant Assist-
ance’’, including the following: a list of existing grants and 
contracts for both permanent and influx facilities, includ-
ing their costs, capacity, and timelines; costs for expand-
ing capacity through the use of community-based residen-
tial care placements (including long-term and transitional 
foster care and small group homes) through new or modi-
fied grants and contracts; current and planned efforts to 
expand small-scale shelters and available foster care place-
ments, including collaboration with State child welfare 
providers; influx facilities being assessed for possible use; 
costs and services to be provided for legal services, child 
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advocates, and post-release services; program administra-
tion; and the average number of weekly referrals and dis-
charge rate assumed in the spend plan: Provided, That 
such plan shall be updated to reflect changes and expendi-
tures and submitted to the Committees on Appropriations 
of the House of Representatives and the Senate every 60 
days until all funds are expended or expired. 
SEC. 239. Funds appropriated in this Act that are 
available for salaries and expenses of employees of the 
Centers for Disease Control and Prevention shall also be 
available for the primary and secondary schooling of eligi-
ble dependents of personnel stationed in a U.S. territory 
as defined in section 228 at costs not in excess of those 
paid for or reimbursed by the Department of Defense. 
SEC. 240. Amounts made available in section 238 of 
division A of Public Law 116–94 shall remain available 
until September 30, 2024, for installation expenses, in-
cluding moving expenses, relating to the Centers for Dis-
ease Control and Prevention’s Chamblee Campus. 
(RESCISSION) 
SEC. 241. Of the unobligated balances in the ‘‘Non-
recurring Expenses Fund’’ established in section 223 of 
division G of Public Law 110–161, $600,000,000 are 
hereby rescinded not later than September 30, 2021. 
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SEC. 242. Funds made available in Public Law 113– 
235 to the accounts of the National Institutes of Health 
that were available for obligation through fiscal year 2015 
and were obligated for multi-year research grants shall be 
available through fiscal year 2021 for the liquidation of 
valid obligations if the Director of the National Institutes 
of Health determines the project suffered an interruption 
of activities attributable to SARS–CoV–2. 
SEC. 243. Not later than 7 days after the date of 
enactment of this Act, and weekly thereafter until the pub-
lic health emergency related to COVID–19 is no longer 
in effect, the Secretary of Health and Human Services 
shall report to the Committees on Appropriations of the 
House of Representatives and the Senate on the current 
inventory of ventilators and personal protective equipment 
in the Strategic National Stockpile, including the numbers 
of face shields, gloves, goggles and glasses, gowns, head 
covers, masks, and respirators, as well as deployment of 
ventilators and personal protective equipment during the 
previous week, reported by State and other jurisdiction: 
Provided, That after the date that a report is required 
to be submitted by the preceding proviso, amounts made 
available for ‘‘Department of Health and Human Serv-
ices—Office of the Secretary—General Departmental 
Management’’ in Public Law 116–94 for salaries and ex-
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penses of the immediate Office of the Secretary shall be 
reduced by $250,000 for each day that such report has 
not been submitted: Provided further, That not later than 
the first Monday in February of fiscal year 2021 and each 
fiscal year thereafter, the Secretary shall include in the 
annual budget submission for the Department of Health 
and Human Services, and submit to the Congress, a pro-
fessional judgment budget with respect to expenditures 
necessary to maintain the minimum level of relevant sup-
plies in the Strategic National Stockpile, including in case 
of a significant pandemic, in consultation with the working 
group under section 319F(a) of the Public Health Service 
Act and the Public Health Emergency Medical Counter-
measures Enterprise established under section 2811–1 of 
such Act. 
SEC. 244. None of the funds made available by this 
Act may be used to implement, enforce, or otherwise give 
effect to the final rule entitled ‘‘Protecting Statutory Con-
science Rights in Health Care; Delegations of Authority’’ 
(84 Fed. Reg. 23170–23272, May 21, 2019). 
SEC. 245. None of the funds made available by this 
Act may be used to implement, enforce, or otherwise give 
effect to the rule entitled ‘‘Nondiscrimination in Health 
and Health Education Programs or Activities’’ published 
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in the Federal Register on June 19, 2020 (85 Fed. Reg. 
37160 et seq.). 
SEC. 246. None of the funds appropriated in this Act 
or otherwise made available to the Department of Health 
and Human Services shall be used to publish the proposed 
regulation in the Budget of the United States Govern-
ment, Fiscal Year 2021 relating to the Medicaid Non-
emergency Medical Transportation benefit for Medicaid 
beneficiaries. 
SEC. 247. None of the funds made available in this 
Act may be used to Act may be used to implement, en-
force, or otherwise give effect to the revision to section 
447.10 of title 42, Code of Federal Regulations, contained 
in the final rule entitled ‘‘Medicaid Program; Reassign-
ment of Medicaid Provider Claims’’ (84 Fed. Reg. 19718 
(May 6, 2019)). 
SEC. 248. (a) None of the funds made available by 
this Act may be awarded to any organization, including 
under the Federal Foster Care program under part E of 
title IV of the Social Security Act, that does not comply 
with paragraphs (c) and (d) of section 75.300 of title 45, 
Code of Federal Regulations (prohibiting discrimination 
on the basis of age, disability, sex, race, color, national 
origin, religion, gender identity, or sexual orientation), as 
in effect on October 1, 2019. 
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(b) None of the funds made available by this Act may 
be used by the Department of Health and Human Services 
to grant an exception from either such paragraph for any 
Federal grantee. 
SEC. 249. None of the funds made available by this 
Act or any other Act may be used to relocate any facility 
providing call center operations for the Centers for Medi-
care & Medicaid Services unless the Comptroller General 
has submitted to the Committees on Appropriations of the 
House of Representatives and the Senate an evaluation 
of relocation options, which shall include any impact on 
wages and benefits for employees, contractors, or sub-
contractors in connection with call center operations. 
This title may be cited as the ‘‘Department of Health 
and Human Services Appropriations Act, 2021’’. 
TITLE III 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For carrying out title I and subpart 2 of part B of 
title II of the Elementary and Secondary Education Act 
of 1965 (referred to in this Act as ‘‘ESEA’’) and section 
418A of the Higher Education Act of 1965 (referred to 
in this Act as ‘‘HEA’’), $17,258,290,000 (reduced by 
$2,000,000) 
(increased 
by 
$2,000,000), 
of 
which 
$6,336,990,000 shall become available on July 1, 2021, 
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and shall remain available through September 30, 2022, 
and of which $10,841,177,000 shall become available on 
October 1, 2021, and shall remain available through Sep-
tember 30, 2022, for academic year 2021–2022: Provided, 
That $6,459,401,000 shall be for basic grants under sec-
tion 1124 of the ESEA: Provided further, That up to 
$5,000,000 of these funds shall be available to the Sec-
retary of Education (referred to in this title as ‘‘Sec-
retary’’) on October 1, 2020, to obtain annually updated 
local educational agency-level census poverty data from 
the Bureau of the Census: Provided further, That 
$1,362,301,000 shall be for concentration grants under 
section 1124A of the ESEA: Provided further, That 
$4,371,050,000 shall be for targeted grants under section 
1125 
of 
the 
ESEA: 
Provided 
further, 
That 
$4,371,050,000 shall be for education finance incentive 
grants under section 1125A of the ESEA: Provided fur-
ther, That $220,500,000 shall be for carrying out subpart 
2 of part B of title II: Provided further, That $46,623,000 
shall be for carrying out section 418A of the HEA. 
IMPACT AID 
For carrying out programs of financial assistance to 
federally affected schools authorized by title VII of the 
ESEA, $1,491,112,000 (increased by $1,000,000), of 
which $1,345,242,000 (increased by $1,000,000) shall be 
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for basic support payments under section 7003(b), 
$48,316,000 shall be for payments for children with dis-
abilities under section 7003(d), $17,406,000 shall be for 
construction under section 7007(b), $75,313,000 shall be 
for Federal property payments under section 7002, and 
$4,835,000, to remain available until expended, shall be 
for facilities maintenance under section 7008: Provided, 
That for purposes of computing the amount of a payment 
for an eligible local educational agency under section 
7003(a) for school year 2020–2021, children enrolled in 
a school of such agency that would otherwise be eligible 
for payment under section 7003(a)(1)(B) of such Act, but 
due to the deployment of both parents or legal guardians, 
or a parent or legal guardian having sole custody of such 
children, or due to the death of a military parent or legal 
guardian while on active duty (so long as such children 
reside on Federal property as described in section 
7003(a)(1)(B)), are no longer eligible under such section, 
shall be considered as eligible students under such section, 
provided such students remain in average daily attendance 
at a school in the same local educational agency they at-
tended prior to their change in eligibility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities au-
thorized by part B of title I, part A of title II, subpart 
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1 of part A of title IV, part B of title IV, part B of title 
V, and parts B and C of title VI of the ESEA; the McKin-
ney-Vento Homeless Assistance Act; section 203 of the 
Educational Technical Assistance Act of 2002; the Com-
pact of Free Association Amendments Act of 2003; and 
the Civil Rights Act of 1964, $5,453,617,000 (increased 
by $500,000) (reduced by $500,000) (reduced by 
$1,000,000) (increased by $1,000,000) (increased by 
$1,000,000) 
(reduced 
by 
$1,000,000), 
of 
which 
$3,623,052,000 (increased by $500,000) (reduced by 
$500,000) shall become available on July 1, 2021, and 
remain available through September 30, 2022, and of 
which $1,681,441,000 shall become available on October 
1, 2021, and shall remain available through September 30, 
2022, for academic year 2021–2022: Provided, That 
$378,000,000 shall be for part B of title I: Provided fur-
ther, That $1,262,673,000 shall be for part B of title IV: 
Provided further, That $37,897,000 shall be for part B 
of title VI, which may be used for construction, renova-
tion, and modernization of any public elementary school, 
secondary school, or structure related to a public elemen-
tary school or secondary school that serves a predomi-
nantly Native Hawaiian student body, and that the 5 per-
cent limitation in section 6205(b) of the ESEA on the use 
of funds for administrative purposes shall apply only to 
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direct administrative costs: Provided further, That 
$35,953,000 shall be for part C of title VI, which shall 
be awarded on a competitive basis, and may be used for 
construction, and that the 5 percent limitation in section 
6305 of the ESEA on the use of funds for administrative 
purposes shall apply only to direct administrative costs: 
Provided further, That $52,000,000 shall be available to 
carry out section 203 of the Educational Technical Assist-
ance Act of 2002 and the Secretary shall make such ar-
rangements as determined to be necessary to ensure that 
the Bureau of Indian Education has access to services pro-
vided under this section: Provided 
further, That 
$16,699,000 shall be available to carry out the Supple-
mental Education Grants program for the Federated 
States of Micronesia and the Republic of the Marshall Is-
lands: Provided further, That the Secretary may reserve 
up to 5 percent of the amount referred to in the previous 
proviso to provide technical assistance in the implementa-
tion of these grants: Provided further, That $186,840,000 
shall be for part B of title V: Provided further, That 
$1,220,000,000 (increased by $1,000,000) (reduced by 
$1,000,000) shall be available for grants under subpart 
1 of part A of title IV. 
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SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities 
Education Act (IDEA) and the Special Olympics Sport 
and Empowerment Act of 2004, $14,092,995,000, of 
which $4,553,979,000 shall become available on July 1, 
2021, and shall remain available through September 30, 
2022, and of which $9,283,383,000 shall become available 
on October 1, 2021, and shall remain available through 
September 30, 2022, for academic year 2021–2022: Pro-
vided, That the amount for section 611(b)(2) of the IDEA 
shall be equal to the lesser of the amount available for 
that activity during fiscal year 2020, increased by the 
amount of inflation as specified in section 619(d)(2)(B) 
of the IDEA, or the percent change in the funds appro-
priated under section 611(i) of the IDEA, but not less 
than the amount for that activity during fiscal year 2020: 
Provided further, That the Secretary shall, without regard 
to section 611(d) of the IDEA, distribute to all other 
States (as that term is defined in section 611(g)(2)), sub-
ject to the third proviso, any amount by which a State’s 
allocation under section 611, from funds appropriated 
under 
this 
heading, 
is 
reduced 
under 
section 
612(a)(18)(B), according to the following: 85 percent on 
the basis of the States’ relative populations of children 
aged 3 through 21 who are of the same age as children 
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with disabilities for whom the State ensures the avail-
ability of a free appropriate public education under this 
part, and 15 percent to States on the basis of the States’ 
relative populations of those children who are living in pov-
erty: Provided further, That the Secretary may not dis-
tribute any funds under the previous proviso to any State 
whose reduction in allocation from funds appropriated 
under this heading made funds available for such a dis-
tribution: Provided further, That the States shall allocate 
such funds distributed under the second proviso to local 
educational agencies in accordance with section 611(f): 
Provided further, That the amount by which a State’s allo-
cation under section 611(d) of the IDEA is reduced under 
section 612(a)(18)(B) and the amounts distributed to 
States under the previous provisos in fiscal year 2012 or 
any subsequent year shall not be considered in calculating 
the awards under section 611(d) for fiscal year 2013 or 
for any subsequent fiscal years: Provided further, That, 
notwithstanding the provision in section 612(a)(18)(B) re-
garding the fiscal year in which a State’s allocation under 
section 611(d) is reduced for failure to comply with the 
requirement of section 612(a)(18)(A), the Secretary may 
apply the reduction specified in section 612(a)(18)(B) over 
a period of consecutive fiscal years, not to exceed 5, until 
the entire reduction is applied: Provided further, That the 
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Secretary may, in any fiscal year in which a State’s alloca-
tion under section 611 is reduced in accordance with sec-
tion 612(a)(18)(B), reduce the amount a State may re-
serve under section 611(e)(1) by an amount that bears 
the same relation to the maximum amount described in 
that 
paragraph 
as 
the 
reduction 
under 
section 
612(a)(18)(B) bears to the total allocation the State 
would have received in that fiscal year under section 
611(d) in the absence of the reduction: Provided further, 
That the Secretary shall either reduce the allocation of 
funds under section 611 for any fiscal year following the 
fiscal year for which the State fails to comply with the 
requirement of section 612(a)(18)(A) as authorized by 
section 612(a)(18)(B), or seek to recover funds under sec-
tion 452 of the General Education Provisions Act (20 
U.S.C. 1234a): Provided further, That the funds reserved 
under 611(c) of the IDEA may be used to provide tech-
nical assistance to States to improve the capacity of the 
States to meet the data collection requirements of sections 
616 and 618 and to administer and carry out other serv-
ices and activities to improve data collection, coordination, 
quality, and use under parts B and C of the IDEA: Pro-
vided further, That the Secretary may use funds made 
available for the State Personnel Development Grants pro-
gram under part D, subpart 1 of IDEA to evaluate pro-
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gram performance under such subpart: Provided further, 
That States may use funds reserved for other State-level 
activities under sections 611(e)(2) and 619(f) of the IDEA 
to make subgrants to local educational agencies, institu-
tions of higher education, other public agencies, and pri-
vate non-profit organizations to carry out activities au-
thorized by those sections: Provided further, That, not-
withstanding section 643(e)(2)(A) of the IDEA, if five or 
fewer States apply for grants pursuant to section 643(e) 
of such Act, the Secretary shall provide a grant to each 
State in an amount equal to the maximum amount de-
scribed in section 643(e)(2)(B) of such Act: Provided fur-
ther, That if more than five States apply for grants pursu-
ant to section 643(e) of the IDEA, the Secretary shall 
award funds to those States on the basis of the States’ 
relative populations of infants and toddlers except that no 
such State shall receive a grant in excess of the amount 
described in section 643(e)(2)(B) of such Act: Provided 
further, That States may use funds received under part 
C of the IDEA to make subgrants to local educational 
agencies, institutions of higher education, other public 
agencies and private nonprofit organizations to carry out 
activities authorized by such part. 
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REHABILITATION SERVICES 
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973, the Helen Keller 
National Center Act, and the Randolph-Sheppard Act, 
$3,827,500,000, of which $3,667,801,000 shall be for 
grants for vocational rehabilitation services under title I 
of the Rehabilitation Act: Provided, That the Secretary 
may use amounts provided in this Act that remain avail-
able subsequent to the reallotment of funds to States pur-
suant to section 110(b) of the Rehabilitation Act for inno-
vative activities aimed at improving the outcomes of indi-
viduals with disabilities as defined in section 7(20)(B) of 
the Rehabilitation Act, including activities aimed at im-
proving the education and post-school outcomes of chil-
dren receiving Supplemental Security Income (‘‘SSI’’) and 
their families that may result in long-term improvement 
in the SSI child recipient’s economic status and self-suffi-
ciency: Provided further, That States may award sub-
grants for a portion of the funds to other public and pri-
vate, nonprofit entities: Provided further, That any funds 
made available subsequent to reallotment for innovative 
activities aimed at improving the outcomes of individuals 
with disabilities shall remain available until September 30, 
2022: Provided further, That $20,000,000 of these funds 
shall be available to the Secretary for one-time emergency 
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relief and restoration grants consistent with the purposes 
of the Randolph-Sheppard Act as authorized under 20 
U.S.C. 107f: Provided further, That the Secretary shall 
use such funds to make grants to each State licensing 
agency in the same proportion as the number of blind ven-
dors operating a vending facility in such State as com-
pared to the number of blind vendors operating a vending 
facility in all the States on September 30, 2019: Provided 
further, That the State licensing agency shall use these 
grants to make financial relief and restoration payments 
to offset losses of blind vendors resulting from the 
COVID–19 emergency, but only to the extent that such 
losses are not otherwise compensated: Provided further, 
That any funds in excess of the amount needed for relief 
and restoration payments to blind vendors shall be used 
by the State licensing agency for other purposes author-
ized by section 395.9 of title 34, Code of Federal Regula-
tions, as in effect on the date of enactment of this Act, 
and determined through active participation with the 
State committee of blind vendors as required. 
SPECIAL INSTITUTIONS FOR PERSONS WITH 
DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act to Promote the Education 
of the Blind of March 3, 1879, $32,931,000. 
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NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf 
under titles I and II of the Education of the Deaf Act 
of 1986, $81,000,000: Provided, That from the total 
amount available, the Institute may at its discretion use 
funds for the endowment program as authorized under 
section 207 of such Act. 
GALLAUDET UNIVERSITY 
For the Kendall Demonstration Elementary School, 
the Model Secondary School for the Deaf, and the partial 
support of Gallaudet University under titles I and II of 
the Education of the Deaf Act of 1986, $139,861,000: 
Provided, That from the total amount available, the Uni-
versity may at its discretion use funds for the endowment 
program as authorized under section 207 of such Act. 
CAREER, TECHNICAL, AND ADULT EDUCATION 
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (‘‘Perkins Act’’) and the Adult Edu-
cation 
and 
Family 
Literacy 
Act 
(‘‘AEFLA’’), 
$1,985,686,000, of which $1,194,686,000 shall become 
available on July 1, 2021, and shall remain available 
through September 30, 2022, and of which $791,000,000 
shall become available on October 1, 2021, and shall re-
main available through September 30, 2022: Provided, 
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That of the amounts made available for AEFLA, 
$13,712,000 shall be for national leadership activities 
under section 242. 
STUDENT FINANCIAL ASSISTANCE 
For carrying out subparts 1, 3, and 10 of part A, 
and part C of title IV of the HEA, $24,565,352,000 which 
shall remain available through September 30, 2022. 
The maximum Pell Grant for which a student shall 
be eligible during award year 2021–2022 shall be $5,435. 
STUDENT AID ADMINISTRATION 
For Federal administrative expenses to carry out part 
D of title I, and subparts 1, 3, 9, and 10 of part A, and 
parts B, C, D, and E of title IV of the HEA, and subpart 
1 of part A of title VII of the Public Health Service Act, 
$1,768,943,000, to remain available through September 
30, 2022: Provided, That the Secretary shall allocate new 
student loan borrower accounts to eligible student loan 
servicers on the basis of their past performance compared 
to all loan servicers utilizing established common metrics, 
and on the basis of the capacity of each servicer to process 
new and existing accounts and compliance with Federal 
and State law: Provided further, That for student loan 
contracts awarded prior to October 1, 2017, the Secretary 
shall allow student loan borrowers who are consolidating 
Federal student loans to select from any student loan 
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servicer to service their new consolidated student loan: 
Provided further, That in order to promote accountability 
and high-quality service to borrowers, the Secretary shall 
not award funding for any contract solicitation for a new 
Federal student loan servicing environment, including the 
solicitation for the Federal Student Aid (FSA) Next Gen-
eration Processing and Servicing Environment, unless 
such an environment provides for the participation of mul-
tiple student loan servicers that contract directly with the 
Department of Education: Provided further, That the FSA 
Next Generation Processing and Servicing Environment, 
or any new Federal student loan servicing environment, 
shall include accountability measures that account for the 
performance of the portfolio and contractor compliance 
with FSA guidelines: Provided further, That the Depart-
ment shall re-allocate accounts from servicers for recur-
ring non-compliance with FSA guidelines, contractual re-
quirements, and Federal and State law, including for fail-
ure to sufficiently inform borrowers of available repayment 
options: Provided further, That such servicers shall be 
evaluated based on their ability to meet contract require-
ments (including an understanding of Federal and State 
law), future performance on the contracts, and history of 
compliance with applicable consumer protections laws, in-
cluding Federal and State law: Provided further, That to 
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the extent FSA permits student loan servicing subcon-
tracting, FSA shall hold prime contractors accountable for 
meeting the requirements of the contract, and the per-
formance and expectations of subcontractors shall be ac-
counted for in the prime contract and in the overall per-
formance of the prime contractor: Provided further, That 
FSA shall ensure that the Next Generation Processing 
and Servicing Environment, or any new Federal loan serv-
icing environment, incentivize more support to borrowers 
at risk of delinquency or default: Provided further, That 
FSA shall ensure that in such environment contractors 
have the capacity to meet and are held accountable for 
performance on service levels; are held accountable for and 
have a history of compliance with applicable consumer pro-
tection laws, including Federal and State law; and have 
relevant experience and demonstrated effectiveness: Pro-
vided further, That the Secretary shall not delay, prevent, 
or otherwise obstruct, directly or indirectly, State over-
sight of the Department’s contractors conducting business 
in such State, including loan servicers: Provided further, 
That the Secretary shall provide quarterly briefings to the 
Committees on Appropriations and Education and Labor 
of the House of Representatives and the Committees on 
Appropriations and Health, Education, Labor, and Pen-
sions of the Senate on general progress related to solicita-
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tions for Federal student loan servicing contracts: Pro-
vided further, That FSA shall strengthen transparency 
through expanded publication of aggregate data on stu-
dent loan and servicer performance: Provided further, 
That FSA shall provide a detailed strategic plan for Next 
Gen to the Committees on Appropriations of the House 
of Representatives and the Senate within 60 days of enact-
ment of this Act, accounting for the cost of all activities 
associated with the full implementation of Next Gen, in-
cluding transition costs, the amount of funding that has 
been used from Student Aid Administration in each of the 
previous 3 fiscal years on Next Gen, including an expla-
nation of each cost and activity, details about contracts 
awarded, including any change request issued prior to en-
actment: Provided further, That not later than 30 days 
after enactment of this Act, FSA shall provide to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate a detailed spend plan of anticipated uses 
made available in this account for fiscal year 2021, includ-
ing the following: contracts awarded, change requests, bo-
nuses paid to staff, reorganization costs, and any other 
activity supported by this appropriation. 
HIGHER EDUCATION 
For carrying out, to the extent not otherwise pro-
vided, titles II, III, IV, V, VI, VII, and VIII of the HEA, 
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the Mutual Educational and Cultural Exchange Act of 
1961, and section 117 of the Perkins Act, $2,556,815,000 
(reduced by $10,000,000) (increased by $10,000,000) (in-
creased by $500,000), of which $31,000,000 shall remain 
available through December 31, 2021: Provided, That not-
withstanding any other provision of law, funds made avail-
able in this Act to carry out title VI of the HEA and sec-
tion 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 may be used to support visits and 
study in foreign countries by individuals who are partici-
pating in advanced foreign language training and inter-
national studies in areas that are vital to United States 
national security and who plan to apply their language 
skills and knowledge of these countries in the fields of gov-
ernment, the professions, or international development: 
Provided further, That of the funds referred to in the pre-
ceding proviso up to 1 percent may be used for program 
evaluation, national outreach, and information dissemina-
tion activities: Provided further, That up to 1.5 percent 
of the funds made available under chapter 2 of subpart 
2 of part A of title IV of the HEA may be used for evalua-
tion: Provided further, That section 313(d) of the HEA 
shall not apply to an institution of higher education that 
is eligible to receive funding under section 318 of the 
HEA. 
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HOWARD UNIVERSITY 
For 
partial 
support 
of 
Howard 
University, 
$254,018,000, of which not less than $3,405,000 shall be 
for a matching endowment grant pursuant to the Howard 
University Endowment Act and shall remain available 
until expended. 
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS 
PROGRAM 
For Federal administrative expenses to carry out ac-
tivities related to existing facility loans pursuant to section 
121 of the HEA, $435,000. 
HISTORICALLY BLACK COLLEGE AND UNIVERSITY 
CAPITAL FINANCING PROGRAM ACCOUNT 
For the cost of guaranteed loans, $22,150,000, as au-
thorized pursuant to part D of title III of the HEA, which 
shall remain available through September 30, 2022: Pro-
vided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Con-
gressional Budget Act of 1974: Provided further, That 
these funds are available to subsidize total loan principal, 
any part of which is to be guaranteed, not to exceed 
$278,266,000: Provided further, That these funds may be 
used to support loans to public and private Historically 
Black Colleges and Universities without regard to the limi-
tations within section 344(a) of the HEA. 
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In addition, $16,000,000 shall be made available to 
provide for the deferment of loans made under part D of 
title III of the HEA to eligible institutions that are private 
Historically Black Colleges and Universities, which apply 
for the deferment of such a loan and demonstrate financial 
need for such deferment by having a score of 2.6 or less 
on the Department of Education’s financial responsibility 
test: Provided, That the loan has not been paid in full and 
is not paid in full during the period of deferment: Provided 
further, That during the period of deferment of such a 
loan, interest on the loan will not accrue or be capitalized, 
and the period of deferment shall be for at least a period 
of 3 fiscal years and not more than 6 fiscal years: Provided 
further, That funds available under this paragraph shall 
be used to fund eligible deferment requests submitted for 
this purpose in fiscal year 2018: Provided further, That 
the Secretary shall create and execute an outreach plan 
to work with States and the Capital Financing Advisory 
Board to improve outreach to States and help additional 
public Historically Black Colleges and Universities partici-
pate in the program. 
In addition, $10,000,000 shall be made available to 
provide for the deferment of loans made under part D of 
title III of the HEA to eligible institutions that are public 
Historically Black Colleges and Universities, which apply 
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for the deferment of such a loan and demonstrate financial 
need for such deferment, which shall be determined by the 
Secretary of Education based on factors including, but not 
limited to, equal to or greater than 5 percent of the 
school’s operating revenue relative to its annual debt serv-
ice payment: Provided, That during the period of 
deferment of such a loan, interest on the loan will not ac-
crue or be capitalized, and the period of deferment shall 
be for at least a period of 3 fiscal years and not more 
than 6 fiscal years. 
In addition, for administrative expenses to carry out 
the Historically Black College and University Capital Fi-
nancing Program entered into pursuant to part D of title 
III of the HEA, $334,000. 
INSTITUTE OF EDUCATION SCIENCES 
For carrying out activities authorized by the Edu-
cation Sciences Reform Act of 2002, the National Assess-
ment of Educational Progress Authorization Act, section 
208 of the Educational Technical Assistance Act of 2002, 
and section 664 of the Individuals with Disabilities Edu-
cation Act, $630,462,000 (reduced by $1,000,000) (in-
creased by $1,000,000), which shall remain available 
through September 30, 2022: Provided, That funds avail-
able to carry out section 208 of the Educational Technical 
Assistance Act may be used to link Statewide elementary 
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and secondary data systems with early childhood, postsec-
ondary, and workforce data systems, or to further develop 
such systems: Provided further, That up to $6,000,000 of 
the funds available to carry out section 208 of the Edu-
cational Technical Assistance Act may be used for awards 
to public or private organizations or agencies to support 
activities to improve data coordination, quality, and use 
at the local, State, and national levels. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia and hire of three passenger motor vehicles, 
$430,000,000 (increased by $500,000) (reduced by 
$500,000) 
(reduced 
by 
$1,000,000) 
(reduced 
by 
$500,000) 
(reduced 
by 
$1,000,000) 
(reduced 
by 
$1,000,000) 
(reduced 
by 
$500,000) 
(reduced 
by 
$2,000,000) (increased by $2,000,000): Provided, That, 
notwithstanding any other provision of law, none of the 
funds provided by this Act or provided by previous Appro-
priations Acts to the Department of Education available 
for obligation or expenditure in the current fiscal year may 
be used for any activity relating to implementing a reorga-
nization that decentralizes, reduces the staffing level, or 
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alters the responsibilities, structure, authority, or 
functionality of the Budget Service of the Department of 
Education, relative to the organization and operation of 
the Budget Service as in effect on January 1, 2018. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil 
Rights, as authorized by section 203 of the Department 
of Education Organization Act, $132,000,000. 
OFFICE OF INSPECTOR GENERAL 
For expenses necessary for the Office of Inspector 
General, as authorized by section 212 of the Department 
of Education Organization Act, $64,000,000, of which 
$2,000,000 shall remain available until expended. 
GENERAL PROVISIONS 
SEC. 301. No funds appropriated in this Act may be 
used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools. 
(TRANSFER OF FUNDS) 
SEC. 302. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and 
Emergency Deficit Control Act of 1985) which are appro-
priated for the Department of Education in this Act may 
be transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any 
such transfer: Provided, That the transfer authority 
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