H. R. 133—743 
under such title of such Act from amounts provided for fiscal year 
2020 and fiscal year 2021 under the heading ‘‘Department of Health 
and Human Services—Health Resources and Services Administra-
tion’’, including amounts made available under such heading by 
transfer: Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
DEPARTMENT OF EDUCATION 
EDUCATION STABILIZATION FUND 
For an additional amount for ‘‘Education Stabilization Fund’’, 
$81,880,000,000, to remain available through September 30, 2022, 
to prevent, prepare for, and respond to coronavirus, domestically 
or internationally: Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
GENERAL PROVISIONS—DEPARTMENT OF EDUCATION 
EDUCATION STABILIZATION FUND 
SEC. 311. (a) ALLOCATIONS.—From the amount made available 
under this heading in this Act to carry out the Education Stabiliza-
tion Fund, the Secretary shall first allocate— 
(1) one-half of 1 percent to the outlying areas for supple-
mental awards to be allocated not more than 30 calendar days 
from the date of enactment of this Act on the basis of the 
terms and conditions for funding provided under section 
18001(a)(1) of the Coronavirus Aid, Relief, and Economic Secu-
rity (CARES) Act (Public Law 116–136); and 
(2) one-half of 1 percent for a supplemental award to be 
allocated to the Secretary of Interior not more than 30 calendar 
days from enactment of this Act for programs operated or 
funded by the Bureau of Indian Education (BIE) under the 
terms and conditions established for funding provided under 
section 18001(a)(2) of the CARES Act (Public Law 116–136), 
for BIE-operated and funded elementary and secondary schools 
and Tribal Colleges and Universities, except that funding shall 
be allocated as follows: 
(A) 60 percent for Bureau-funded schools, as defined 
in 25 U.S.C. 2021, provided that such schools may not 
be required to submit a spending plan before receipt of 
funding. 
(B) 40 percent for Tribal Colleges and Universities, 
which shall be distributed according to the formula in 
section 316(d)(3) of the Higher Education Act of 1965 
(‘‘HEA’’). 
(b) RESERVATIONS.—After carrying out subsection (a), the Sec-
retary shall reserve the remaining funds made available as follows: 
(1) 5 percent to carry out section 312 of this title. 
(2) 67 percent to carry out section 313 of this title. 
(3) 28 percent to carry out section 314 of this title.
H. R. 133—744 
GOVERNOR’S EMERGENCY EDUCATION RELIEF FUND 
SEC. 312. (a) PROGRAM AUTHORIZED.—(1) From funds reserved 
under section 311(b)(1) of this title and not reserved under para-
graph (2), the Secretary shall make supplemental Emergency Edu-
cation Relief grants to the Governor of each State with an approved 
application under section 18002 of division B of the CARES Act 
(Public Law 116–136). The Secretary shall award funds under this 
section to the Governor of each State with an approved application 
within 30 calendar days of the date of enactment of this Act. 
(2) RESERVATION.—From funds made available under sec-
tion 311(b)(1) of this title, the Secretary shall reserve 
$2,750,000,000 of such funds to provide Emergency Assistance 
to Non-Public Schools grants, in accordance with subsection 
(d), to the Governor of each State with an approved application 
under subsection (d)(2). 
(b) ALLOCATIONS.—The amount of each grant under subsection 
(a)(1) shall be allocated by the Secretary to each State as follows: 
(1) 60 percent on the basis of their relative population 
of individuals aged 5 through 24. 
(2) 40 percent on the basis of their relative number of 
children counted under section 1124(c) of the Elementary and 
Secondary Education Act of 1965 (‘‘ESEA’’). 
(c) USES OF FUNDS.—Grant funds awarded under subsection 
(a)(1) may be used to— 
(1) provide emergency support through grants to local edu-
cational agencies that the State educational agency deems have 
been most significantly impacted by coronavirus to support 
the ability of such local educational agencies to continue to 
provide educational services to their students and to support 
the on-going functionality of the local educational agency; 
(2) provide emergency support through grants to institu-
tions of higher education serving students within the State 
that the Governor determines have been most significantly 
impacted by coronavirus to support the ability of such institu-
tions to continue to provide educational services and support 
the on-going functionality of the institution; and 
(3) provide support to any other institution of higher edu-
cation, local educational agency, or education related entity 
within the State that the Governor deems essential for carrying 
out emergency educational services to students for authorized 
activities described in section 313(d)(1) of this title or the HEA; 
the provision of child care and early childhood education, social 
and emotional support; and the protection of education-related 
jobs. 
(d) EMERGENCY ASSISTANCE TO NON-PUBLIC SCHOOLS.— 
(1) PROGRAM AUTHORIZED.— 
(A) IN
GENERAL.—With funds reserved under sub-
section (a)(2), the Secretary shall allot the amount 
described in subparagraph (B) to the Governor of each 
State with an approved application under paragraph (2) 
in order to provide services or assistance to non-public 
schools under this subsection. The Governor shall designate 
the State educational agency to administer the program 
authorized under this subsection. 
(B) AMOUNT OF ALLOTMENT.—An allotment for a State 
under subparagraph (A) shall be in the amount that bears
H. R. 133—745 
the same relationship to the total amount of the funds 
reserved under subsection (a)(2) as the number of children 
aged 5 through 17 at or below 185 percent of poverty 
who are enrolled in non-public schools in the State (as 
determined by the Secretary on the basis of the best avail-
able data) bears to the total number of all such children 
in all States. 
(2) APPLICATIONS FROM STATES.— 
(A) APPLICATION REQUEST AND REVIEW.—The Secretary 
shall— 
(i) issue a notice inviting applications for funds 
reserved under subsection (a)(2) not later than 30 days 
after the date of enactment of this Act; and 
(ii) approve or deny an application not later than 
15 days after the receipt of the application. 
(B) ASSURANCE.—The Governor of each State, in con-
sultation with their respective State educational agency, 
shall include in the application submitted under this para-
graph an assurance that the State educational agency 
will— 
(i) distribute information about the program to 
non-public schools and make the information and the 
application easily available; 
(ii) process all applications submitted promptly, 
in accordance with subparagraph (3)(A)(ii); 
(iii) in providing services or assistance to non- 
public schools, ensure that services or assistance is 
provided to any non-public school that— 
(I) is a non-public school described in para-
graph (3)(C); 
(II) submits an application that meets the 
requirements of paragraph (3)(B); and 
(III) requests services or assistance allowable 
under paragraph (4); 
(iv) to the extent practicable, obligate all funds 
provided under subsection (a)(2) for services or assist-
ance to non-public schools in the State in an expedited 
and timely manner; and 
(v) obligate funds to provide services or assistance 
to non-public schools in the State not later than 6 
months after receiving such funds under subsection 
(a)(2). 
(3) APPLICATIONS FOR SERVICES OR ASSISTANCE.— 
(A) APPLICATION REQUEST AND REVIEW.—A State edu-
cational agency receiving funds from the Governor under 
this subsection shall— 
(i) make the application for services or assistance 
described in subparagraph (B) available to non-public 
schools by not later than 30 days after the receipt 
of such funds; and 
(ii) approve or deny an application not later than 
30 days after the receipt of the application. 
(B) APPLICATION
REQUIREMENTS.—Each non-public 
school desiring services or assistance under this subsection 
shall submit an application to the State educational agency 
at such time, in such manner, and accompanied by such
H. R. 133—746 
information as the State educational agency may reason-
ably require to ensure expedited and timely provision of 
services or assistance to the non-public school, which shall 
include— 
(i) the number and percentage of students from 
low-income families enrolled by such non-public school 
in the 2019–2020 school year; 
(ii) a description of the emergency services author-
ized under paragraph (4) that such non-public school 
requests to be provided by the State educational 
agency; and 
(iii) whether the non-public school requesting serv-
ices or assistance under this subsection received a loan 
guaranteed under paragraph (36) of section 7(a) of 
the Small Business Act (15 U.S.C. 636(a)) that was 
made before the date of enactment of this Act and 
the amount of any such loan received. 
(C) TARGETING.—A State educational agency receiving 
funds under this subsection shall prioritize services or 
assistance to non-public schools that enroll low-income stu-
dents and are most impacted by the qualifying emergency. 
(4) TYPES OF SERVICES OR ASSISTANCE.—A non-public school 
receiving services or assistance under this subsection shall 
use such services or assistance to address educational disrup-
tions resulting from the qualifying emergency for— 
(A) supplies to sanitize, disinfect, and clean school 
facilities; 
(B) personal protective equipment; 
(C) improving ventilation systems, including windows 
or portable air purification systems to ensure healthy air 
in the non-public school; 
(D) training and professional development for staff on 
sanitation, the use of personal protective equipment, and 
minimizing the spread of infectious diseases; 
(E) physical barriers to facilitate social distancing; 
(F) other materials, supplies, or equipment to imple-
ment public health protocols, including guidelines and rec-
ommendations from the Centers for Disease Control and 
Prevention for the reopening and operation of school facili-
ties to effectively maintain the health and safety of stu-
dents, educators, and other staff during the qualifying 
emergency; 
(G) expanding capacity to administer coronavirus 
testing to effectively monitor and suppress coronavirus, 
to conduct surveillance and contact tracing activities, and 
to support other activities related to coronavirus testing 
for students, teachers, and staff at the non-public school; 
(H) educational technology (including hardware, soft-
ware, connectivity, assistive technology, and adaptive 
equipment) to assist students, educators, and other staff 
with remote or hybrid learning; 
(I) redeveloping instructional plans, including cur-
riculum development, for remote learning, hybrid learning, 
or to address learning loss; 
(J) leasing of sites or spaces to ensure safe social 
distancing to implement public health protocols, including
H. R. 133—747 
guidelines and recommendations from the Centers for Dis-
ease Control and Prevention; 
(K) reasonable transportation costs; 
(L) initiating and maintaining education and support 
services or assistance for remote learning, hybrid learning, 
or to address learning loss; or 
(M) reimbursement for the expenses of any services 
or assistance described in this paragraph (except for sub-
paragraphs (C) (except that portable air purification sys-
tems shall be an allowable reimbursable expense), (D), 
(I), and (L)) that the non-public school incurred on or 
after the date of the qualifying emergency, except that 
any non-public school that has received a loan guaranteed 
under paragraph (36) of section 7(a) of the Small Business 
Act (15 U.S.C. 636(a)) as of the day prior to the date 
of enactment of this Act shall not be eligible for reimburse-
ments described in this paragraph for any expenses 
reimbursed through such loan. 
(5) ADMINISTRATION.—A State educational agency receiving 
funds under this subsection may reserve not more than the 
greater of $200,000 or one-half of 1 percent of such funds 
to administer the services and assistance provided under this 
subsection to non-public schools. 
(6) REALLOCATION.—Notwithstanding paragraph (1)(A), 
each State educational agency receiving funds under this sub-
section that complies with paragraph (2) but has unobligated 
funds remaining 6 months after receiving funds under this 
subsection shall return such remaining unobligated funds to 
the Governor, to use for any use authorized under subsection 
(c). 
(7) PUBLIC CONTROL OF FUNDS.— 
(A) IN GENERAL.—The control of funds for the services 
or assistance provided to a non-public school under this 
subsection, 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, services, 
assistance, materials, equipment, and property. 
(B) PROVISION OF SERVICES OR ASSISTANCE.— 
(i) PROVIDER.—The provision of services or assist-
ance to a non-public school under this subsection shall 
be provided— 
(I) by employees of a public agency; or 
(II) through contract by such public agency 
with 
an 
individual, 
association, 
agency, 
or 
organization. 
(ii) REQUIREMENT.—In the provision of services or 
assistance described in clause (i), such employee, indi-
vidual, association, agency, or organization shall be 
independent of the non-public school receiving such 
services or assistance, and such employment and con-
tracts shall be under the control and supervision of 
such public agency described in subparagraph (A). 
(8) SECULAR, NEUTRAL, AND NON-IDEOLOGICAL.—All services 
or assistance provided under this subsection, including pro-
viding equipment, materials, and any other items, shall be 
secular, neutral, and non-ideological.
H. R. 133—748 
(9) INTERACTION WITH PAYCHECK PROTECTION PROGRAM.— 
(A) IN GENERAL.—In order to be eligible to receive services 
or assistance under this subsection, a non-public school shall 
submit to the State an assurance, including any documentation 
required by the Secretary, that such non-public school did not, 
and will not, apply for and receive a loan under paragraphs 
(36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 
636(a)(37)) that is made on or after the date of enactment 
of this Act. 
(B) ALLOWANCE.—A non-public school that received a 
loan guaranteed under paragraph (36) of section 7(a) of 
the Small Business Act (15 U.S.C. 636(a)) that was made 
before the date of enactment of this Act shall be eligible 
to receive services or assistance under this subsection. 
(e) RESTRICTIONS.— 
(1) Funds provided under this section shall not be used— 
(A) to provide direct or indirect financial assistance 
to scholarship granting organizations or related entities 
for elementary or secondary education; or 
(B) to provide or support vouchers, tuition tax credit 
programs, education savings accounts, scholarships, schol-
arship programs, or tuition-assistance programs for 
elementary or secondary education. 
(2) EXCEPTION.—Notwithstanding paragraph (1), a State 
may use funds provided under subsection (a)(1) to provide 
assistance prohibited under paragraph (1) only to students 
who receive or received such assistance with funds provided 
under section 18002(a) of division B of the CARES Act (20 
U.S.C. 3401 note), for the 2020–2021 school year and only 
for the same assistance provided such students under such 
section. 
(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be interpreted to apply any additional restrictions to 
funds provided in section 18002(a) of division B of the CARES 
Act (20 U.S.C. 3401 note). 
(f) REALLOCATION.—Each Governor shall return to the Secretary 
any funds received under paragraph (1) or (2) of subsection (a) 
that the Governor does not award or obligate not later than 1 
year after the date of receipt of such funds, and the Secretary 
shall reallocate such funds to the remaining States in accordance 
with subsection (b) for uses authorized under subsection (c). 
ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND 
SEC. 313. (a) GRANTS.—From funds reserved under section 
311(b)(2) of this title, the Secretary shall make supplemental 
elementary and secondary school emergency relief grants to each 
State educational agency with an approved application under sec-
tion 18003 of division B of the CARES Act (Public Law 116– 
136). The Secretary shall award funds under this section to each 
State educational agency with an approved application within 30 
calendar days of the date of enactment of this Act. 
(b) ALLOCATIONS TO STATES.—The amount of each grant under 
subsection (a) shall be allocated by the Secretary to each State 
in the same proportion as each State received under part A of 
title I of the ESEA of 1965 in the most recent fiscal year.
H. R. 133—749 
(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—Each State 
shall allocate not less than 90 percent of the grant funds awarded 
to the State under this section as subgrants to local educational 
agencies (including charter schools that are local educational agen-
cies) in the State in proportion to the amount of funds such local 
educational agencies and charter schools that are local educational 
agencies received under part A of title I of the ESEA of 1965 
in the most recent fiscal year. 
(d) USES OF FUNDS.—A local educational agency that receives 
funds under this section may use the funds for any of the following: 
(1) Any activity authorized by the ESEA of 1965, including 
the Native Hawaiian Education Act and the Alaska Native 
Educational Equity, Support, and Assistance Act (20 U.S.C. 
6301 et seq.), the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.) (‘‘IDEA’’), the Adult Education and 
Family Literacy Act (20 U.S.C. 1400 et seq.), the Carl D. 
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
2301 et seq.) (‘‘the Perkins Act’’), or subtitle B of title VII 
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11431 et seq.). 
(2) Coordination of preparedness and response efforts of 
local educational agencies with State, local, Tribal, and terri-
torial public health departments, and other relevant agencies, 
to improve coordinated responses among such entities to pre-
vent, prepare for, and respond to coronavirus. 
(3) Providing principals and others school leaders with 
the resources necessary to address the needs of their individual 
schools. 
(4) Activities to address the unique needs of low-income 
children or students, children with disabilities, English 
learners, racial and ethnic minorities, students experiencing 
homelessness, and foster care youth, including how outreach 
and service delivery will meet the needs of each population. 
(5) Developing and implementing procedures and systems 
to improve the preparedness and response efforts of local edu-
cational agencies. 
(6) Training and professional development for staff of the 
local educational agency on sanitation and minimizing the 
spread of infectious diseases. 
(7) Purchasing supplies to sanitize and clean the facilities 
of a local educational agency, including buildings operated by 
such agency. 
(8) Planning for, coordinating, and implementing activities 
during long-term closures, including providing meals to eligible 
students, providing technology for online learning to all stu-
dents, providing guidance for carrying out requirements under 
the IDEA and ensuring other educational services can continue 
to be provided consistent with all Federal, State, and local 
requirements. 
(9) Purchasing educational technology (including hardware, 
software, and connectivity) for students who are served by 
the local educational agency that aids in regular and sub-
stantive educational interaction between students and their 
classroom instructors, including low-income students and chil-
dren with disabilities, which may include assistive technology 
or adaptive equipment. 
(10) Providing mental health services and supports.
H. R. 133—750 
(11) Planning and implementing activities related to 
summer learning and supplemental afterschool programs, 
including providing classroom instruction or online learning 
during the summer months and addressing the needs of low- 
income students, children with disabilities, English learners, 
migrant students, students experiencing homelessness, and 
children in foster care. 
(12) Addressing learning loss among students, including 
low-income 
students, 
children 
with 
disabilities, 
English 
learners, racial and ethnic minorities, students experiencing 
homelessness, and children and youth in foster care, of the 
local educational agency, including by— 
(A) Administering and using high-quality assessments 
that are valid and reliable, to accurately assess students’ 
academic progress and assist educators in meeting stu-
dents’ academic needs, including through differentiating 
instruction. 
(B) Implementing evidence-based activities to meet the 
comprehensive needs of students. 
(C) Providing information and assistance to parents 
and families on how they can effectively support students, 
including in a distance learning environment. 
(D) Tracking student attendance and improving stu-
dent engagement in distance education. 
(13) School facility repairs and improvements to enable 
operation of schools to reduce risk of virus transmission and 
exposure to environmental health hazards, and to support stu-
dent health needs. 
(14) Inspection, testing, maintenance, repair, replacement, 
and upgrade projects to improve the indoor air quality in school 
facilities, including mechanical and non-mechanical heating, 
ventilation, and air conditioning systems, filtering, purification 
and other air cleaning, fans, control systems, and window and 
door repair and replacement. 
(15) Other activities that are necessary to maintain the 
operation of and continuity of services in local educational 
agencies and continuing to employ existing staff of the local 
educational agency. 
(e) STATE FUNDING.—With funds not otherwise allocated under 
subsection (c), a State may reserve not more than one-half of 
1 percent for administrative costs and the remainder for emergency 
needs as determined by the state educational agency to address 
issues responding to coronavirus, including measuring and 
addressing learning loss, which may be addressed through the 
use of grants or contracts. 
(f) REPORT.—A State receiving funds under this section shall 
submit a report to the Secretary, not later than 6 months after 
receiving funding provided in this Act, in such manner and with 
such subsequent frequency as the Secretary may require, that pro-
vides a detailed accounting of the use of funds provided under 
this section, including how the State is using funds to measure 
and address learning loss among students disproportionately 
affected by coronavirus and school closures, including low-income 
students, children with disabilities, English learners, racial and 
ethnic minorities, students experiencing homelessness, and children 
and youth in foster care.
H. R. 133—751 
(g) REALLOCATION.—A State shall return to the Secretary any 
funds received under this section that the State does not award 
within 1 year of receiving such funds and the Secretary shall 
reallocate such funds to the remaining States in accordance with 
subsection (b). 
HIGHER EDUCATION EMERGENCY RELIEF FUND 
SEC. 314. (a) IN GENERAL.—From funds reserved under section 
311(b)(3) of this title the Secretary shall allocate amounts to institu-
tions of higher education with an approved application as follows: 
(1) 89 percent to each institution of higher education as 
defined in section 101 or section 102(c) of the HEA to prevent, 
prepare for, and respond to coronavirus, by apportioning it— 
(A) 37.5 percent according to the relative share of 
full-time equivalent enrollment of students who were Fed-
eral Pell Grant recipients and who were not exclusively 
enrolled in distance education courses prior to the quali-
fying emergency; 
(B) 37.5 percent according to the relative share of 
the total number of students who were Federal Pell Grant 
recipients and who were not exclusively enrolled in distance 
education courses prior to the qualifying emergency; 
(C) 11.5 percent according to the relative share of 
full-time equivalent enrollment of students who were not 
Federal Pell Grant recipients and who were not exclusively 
enrolled in distance education courses prior to the quali-
fying emergency; 
(D) 11.5 percent according to the relative share of 
the total number of students who were not Federal Pell 
Grant recipients and who were not exclusively enrolled 
in distance education courses prior to the qualifying emer-
gency; 
(E) 1 percent according to the relative share of full- 
time equivalent enrollment of students who were Federal 
Pell grant recipients and who were exclusively enrolled 
in distance education courses prior to the qualifying emer-
gency; and 
(F) 1 percent according to the relative share of the 
total number of students who were Federal Pell grant 
recipients and who were exclusively enrolled in distance 
education courses prior to the qualifying emergency. 
(2) 7.5 percent for additional awards under parts A and 
B of title III, parts A and B of title V, and subpart 4 of 
part A of title VII of the HEA to address needs directly related 
to coronavirus, that shall be in addition to awards made in 
subsection (a)(1), and allocated by the Secretary proportionally 
to such programs based on the relative share of funding appro-
priated to such programs in the Further Consolidated Appro-
priations Act, 2020 (Public Law 116–94) and distributed to 
eligible institutions of higher education, except as otherwise 
provided in subparagraphs (A) through (C), on the basis of 
the formula described in subparagraphs (A) through (F) of 
subsection (a)(1): 
(A) Except as otherwise provided in subparagraph 
(2)(B), for eligible institutions under part B of title III 
and subpart 4 of part A of title VII of the HEA, the
H. R. 133—752 
Secretary shall allot to each eligible institution an amount 
using the following formula: 
(i) 70 percent according to a ratio equivalent to 
the number of Pell Grant recipients in attendance at 
such institution at the end of the school year preceding 
the beginning of the most recent fiscal year and the 
total number of Pell Grant recipients at all such 
institutions; 
(ii) 20 percent according to a ratio equivalent to 
the total number of students enrolled at such institu-
tion at the end of the school year preceding the begin-
ning of that fiscal year and the number of students 
enrolled at all such institutions; and 
(iii) 10 percent according to a ratio equivalent to 
the total endowment size at all eligible institutions 
at the end of the school year preceding the beginning 
of that fiscal year and the total endowment size at 
such institution; 
(B) For eligible institutions under section 326 of the 
HEA, the Secretary shall allot to each eligible institution 
an amount in proportion to the award received from 
funding for such institutions in the Further Consolidated 
Appropriations Act, 2020 (Public Law 116–94); and 
(C) For eligible institutions under section 316 of the 
HEA, the Secretary shall allot funding according to the 
formula in section 316(d)(3) of the HEA. 
(3) 0.5 percent for part B of title VII of the HEA for 
institutions of higher education that the Secretary determines 
have, after allocating other funds available under this section, 
the greatest unmet needs related to coronavirus, including 
institutions of higher education with large populations of grad-
uate students and institutions of higher education that did 
not otherwise receive an allocation under this section. In 
awarding funds under this paragraph, the Secretary shall pub-
lish an application for such funds no later than 60 calendar 
days of enactment of this Act, and shall provide a briefing 
to the Committees on Appropriations of the House of Represent-
atives and the Senate no later than 7 days prior to publishing 
such application. 
(4) 3 percent to institutions of higher education as defined 
in section 102(b) of the HEA allocated on the basis of the 
formula described in subparagraphs (A) through (F) of sub-
section (a)(1). 
(b)(1) DISTRIBUTION.—The funds made available to each institu-
tion under subsection (a)(1) shall be distributed by the Secretary 
using the same systems as the Secretary otherwise distributes 
funding to institutions under title IV of the HEA. 
(2) The Secretary shall allocate amounts to institutions 
of higher education under this section, to the extent practicable, 
as follows: 
(A) under subsections (a)(1) and (a)(4) within 30 cal-
endar days of the date of enactment of this Act; 
(B) under subsection (a)(2) within 60 calendar days 
of the date of enactment of this Act; and 
(C) under subsection (a)(3) within 120 calendar days 
of enactment of this Act.
H. R. 133—753 
(c) USES
OF
FUNDS.—An institution of higher education 
receiving funds under this section may use the funds received 
to— 
(1) defray expenses associated with coronavirus (including 
lost revenue, reimbursement for expenses already incurred, 
technology costs associated with a transition to distance edu-
cation, faculty and staff trainings, and payroll); 
(2) carry out student support activities authorized by the 
HEA that address needs related to coronavirus; or 
(3) provide financial aid grants to students (including stu-
dents exclusively enrolled in distance education), which may 
be used for any component of the student’s cost of attendance 
or for emergency costs that arise due to coronavirus, such 
as tuition, food, housing, health care (including mental health 
care), or child care. In making financial aid grants to students, 
an institution of higher education shall prioritize grants to 
students with exceptional need, such as students who receive 
Pell Grants. 
(d) SPECIAL PROVISIONS.— 
(1) A Historically Black College and University or a 
Minority Serving Institution may use prior awards provided 
under titles III, V, and VII of the Higher Education Act to 
prevent, prepare for, and respond to coronavirus. 
(2) An institution of higher education awarded funds under 
section 18004 of division B of the CARES Act (Public Law 
116–136) prior to the date of enactment of this Act may use 
those funds under the terms and conditions of section 314(c) 
of this title, subject to the requirements in paragraph (5). 
Amounts repurposed pursuant to this paragraph that were 
previously designated by the Congress as an emergency require-
ment pursuant to the Balanced Budget and Emergency Deficit 
Control Act of 1985 are designated by the Congress as an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 
1985. 
(3) No funds received by an institution of higher education 
under this section shall be used to fund contractors for the 
provision of pre-enrollment recruitment activities; marketing 
or recruitment; endowments; capital outlays associated with 
facilities related to athletics, sectarian instruction, or religious 
worship; senior administrator or executive salaries, benefits, 
bonuses, contracts, incentives; stock buybacks, shareholder divi-
dends, capital distributions, and stock options; or any other 
cash or other benefit for a senior administrator or executive. 
(4) Any funds that remain available for obligation as of 
the date of enactment of this Act to carry out section 18004(a)(1) 
of the CARES Act (Public Law 116–136) or under the heading 
‘‘Safe Schools and Citizenship Education’’ of such Act shall 
be used by the Secretary to carry out section 314(a)(1) of 
this title: Provided, That amounts repurposed pursuant to this 
paragraph that were previously designated by the Congress 
as an emergency requirement pursuant to the Balanced Budget 
and Emergency Deficit Control Act of 1985 are designated 
by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
H. R. 133—754 
(5) Institutions of higher education receiving allocations 
under section 314(a)(1) of this title shall provide at least the 
same amount of funding in emergency financial aid grants 
to students as was required to be provided under sections 
18004(a)(1) and (c) of division B of the CARES Act (Public 
Law 116–136). An institution of higher education that repur-
poses funds pursuant to paragraph (2) shall ensure that not 
less than 50 percent of the funds received under section 
18004(a)(1) of division B of the CARES Act (Public Law 116– 
136) are used for financial aid grants to students under either 
section 18004(c) of division B of the CARES Act or section 
314(c)(3) of this title, or a combination of those sections: Pro-
vided, That amounts repurposed pursuant to this paragraph 
that were previously designated by the Congress as an emer-
gency requirement pursuant to the Balanced Budget and Emer-
gency Deficit Control Act of 1985 are designated by the Con-
gress as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985. 
(6)(A) An institution of higher education that was required 
to remit payment to the Internal Revenue Service for the excise 
tax based on investment income of private colleges and univer-
sities under section 4968 of the Internal Revenue Code of 
1986 for tax year 2019 shall have its allocation under this 
section reduced by 50 percent and may only use funds for 
activities described in paragraph (c)(3), or for sanitation, per-
sonal protective equipment, or other expenses associated with 
the general health and safety of the campus environment 
related to the qualifying emergency. This paragraph shall not 
apply to an institution of higher education designated by the 
Secretary as an eligible institution under section 448 of the 
HEA. 
(B) WAIVER AUTHORITY.—The Secretary may waive the 
requirements of subparagraph (A) if, upon application, an 
institution 
of 
higher 
education 
demonstrates 
need 
(including need for additional funding for financial aid 
grants to students, payroll expenses, or other expenditures) 
for the total amount of funds such institution is allocated 
under section 314(a)(1) of this title. The Secretary shall 
provide and make publicly available a written justification 
for the denial of any application for a waiver under this 
subparagraph. 
(7) An institution of higher education as defined in section 
102(b) of the HEA may only use funds received under this 
section for activities described in subsection (c)(3). 
(8) An institution of higher education with an approved 
application under section 18004(a) of division B of the CARES 
Act (Public Law 116–136) prior to the date of enactment of 
this Act shall not be required to submit a new or revised 
application to receive funds under this section provided such 
funds are subject to the terms and conditions of this section. 
(9) An institution of higher education receiving funds under 
subsections (a)(1)(E) or (F) may only use funds apportioned 
by such subparagraphs for activities described in subsection 
(c)(3). 
(e) REPORT.—An institution receiving funds under this section 
shall submit a report to the Secretary, not later than 6 months
H. R. 133—755 
after receiving funding provided in this Act, in such manner and 
with such subsequent frequency as the Secretary may require, 
that provides a detailed accounting of the use of funds provided 
under this section. 
(f) REALLOCATION.—Any funds allocated to an institution of 
higher education under this section on the basis of a formula 
described in subsections (a)(1), (a)(2), and (a)(4) but for which an 
institution does not apply for funding within 90 days of the publica-
tion of the notice inviting applications, shall be reallocated to 
eligible institutions that had submitted an application by such 
date in accordance with the formula described in subsection (a)(1). 
CONTINUED PAYMENT TO EMPLOYEES 
SEC. 315. A local educational agency, State, institution of higher 
education, or other entity that receives funds provided under the 
heading ‘‘Education Stabilization Fund’’, shall, to the greatest extent 
practicable, continue to pay its employees and contractors during 
the period of any disruptions or closures related to coronavirus. 
DEFINITIONS 
SEC. 316. Except as otherwise provided in sections 311 through 
316 of this title, as used in such sections— 
(1) the terms ‘‘elementary education’’ and ‘‘secondary edu-
cation’’ have the meaning given such terms under State law; 
(2) the term ‘‘institution of higher education’’ has the 
meaning given such term in title I of the HEA; 
(3) the term ‘‘Secretary’’ means the Secretary of Education; 
(4) the term ‘‘State’’ means each of the 50 States, the 
District of Columbia, and the Commonwealth of Puerto Rico; 
(5) the term ‘‘cost of attendance’’ has the meaning given 
such term in section 472 of the HEA; 
(6) the term ‘‘Non-public school’’ means a non-public 
elementary and secondary school that— 
(A) is accredited, licensed, or otherwise operates in 
accordance with State law; and 
(B) was in existence prior to the date of the qualifying 
emergency for which grants are awarded under this title; 
(7) the term ‘‘public school’’ means a public elementary 
or secondary school; 
(8) any other term used that is defined in section 8101 
of the ESEA of 1965 shall have the meaning given the term 
in such section; and 
(9) the term ‘‘qualifying emergency’’ has the meaning given 
the term in section 3502(a)(4) of the Coronavirus Aid, Relief, 
and Economic Security Act (Public Law 116–136). 
MAINTENANCE OF EFFORT 
SEC. 317. (a) At the time of award of funds to carry out 
sections 312 or 313 of this title, a State shall provide assurances 
that such State will 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 stu-
dents) in fiscal year 2022 at least at the proportional levels of
H. R. 133—756 
such State’s support for elementary and secondary education and 
for higher education relative to such State’s overall spending, aver-
aged over fiscal years 2017, 2018, and 2019. 
(b) The Secretary may waive the requirement in subsection 
(a) for the purpose of relieving fiscal burdens on States that have 
experienced a precipitous decline in financial resources. 
GALLAUDET UNIVERSITY 
For 
an 
additional 
amount 
for 
‘‘Gallaudet 
University’’, 
$11,000,000, to remain available through September 30, 2022, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally, including to help defray the expenses directly 
caused by coronavirus and to enable grants to students for expenses 
directly related to coronavirus and the disruption of university 
operations: Provided, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
STUDENT AID ADMINISTRATION 
For an additional amount for ‘‘Student Aid Administration’’, 
$30,000,000, to remain available through September 30, 2022, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally: Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
HOWARD UNIVERSITY 
For an additional amount for ‘‘Howard University’’, $20,000,000, 
to remain available through September 30, 2022, to prevent, prepare 
for, and respond to coronavirus, domestically or internationally, 
including to help defray the expenses directly caused by coronavirus 
and to enable grants to students for expenses directly related to 
coronavirus and the disruption of university operations: Provided, 
That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985. 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For an additional amount for ‘‘National Technical Institute 
for the Deaf’’, $11,000,000, to remain available through September 
30, 2022, to prevent, prepare for, and respond to coronavirus, domes-
tically or internationally, including to help defray the expenses 
directly caused by coronavirus and to enable grants to students 
for expenses directly related to coronavirus and the disruption 
of university operations: Provided, That such amount is designated 
by the Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.
H. R. 133—757 
INSTITUTE OF EDUCATION SCIENCES 
For an additional amount for ‘‘Institute of Education Sciences’’, 
$28,000,000, to remain available through September 30, 2022, to 
prevent, prepare for and respond to coronavirus, domestically or 
internationally, for carrying out the National Assessment of Edu-
cational Progress Authorization Act: Provided, That such amount 
is designated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For an additional amount for ‘‘Program Administration’’, 
$15,000,000, to remain available through September 30, 2023, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally: Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for ‘‘Office of the Inspector General’’, 
$5,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus, domestically or internationally, 
including for salaries and expenses necessary for oversight, inves-
tigations, and audits of programs, grants, and projects funded in 
this Act to respond to coronavirus: Provided, That such amount 
is designated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
GENERAL PROVISION—THIS TITLE 
SEC. 321. Not later than 30 days after the date of enactment 
of this Act, the Secretaries of Health and Human Services and 
Education shall provide a detailed spend plan of anticipated uses 
of funds made available in this title, including estimated personnel 
and administrative costs, to the Committees on Appropriations of 
the House of Representatives and the Senate: Provided, That such 
plans shall be updated and submitted to such Committees every 
60 days until September 30, 2024: Provided further, That the spend 
plans shall be accompanied by a listing of each contract obligation 
incurred that exceeds $5,000,000 which has not previously been 
reported, including the amount of each such obligation.
H. R. 133—758 
TITLE IV 
DEPARTMENT OF TRANSPORTATION 
FEDERAL AVIATION ADMINISTRATION 
GRANTS-IN-AID FOR AIRPORTS 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Grants-in-Aid for Airports’’ 
$2,000,000,000, to prevent, prepare for, and respond to coronavirus: 
Provided, That amounts made available under this heading in this 
Act shall be derived from the general fund of the Treasury: Provided 
further, That funds provided under this heading in this Act shall 
only be available to airports in categories defined in section 47102 
of title 49, United States Code: Provided further, That funds pro-
vided under this heading in this Act shall not otherwise be subject 
to the requirements of chapter 471 of such title: Provided further, 
That notwithstanding the preceding proviso, except for project eligi-
bility, the requirements of chapter 471 of such title shall apply 
to funds provided for any contract awarded (after the date of enact-
ment of this Act) for airport development and funded under this 
heading: Provided further, That funds provided under this heading 
in this Act may not be used for any purpose not directly related 
to the airport: Provided further, That no additional funding shall 
be provided from funds made available under this heading to any 
airport that was allocated in excess of four years of operating 
funds under Public Law 116–136: Provided further, That the Federal 
share payable of the costs for which a grant is made under this 
heading in this Act shall be 100 percent: Provided further, That, 
notwithstanding any other provision of law, any funds appropriated 
under the heading ‘‘Grants-In-Aid for Airports’’ in Public Law 116- 
136 that are unallocated as of the date of enactment of this Act 
shall be added to and allocated under paragraph (1) of this heading 
in this Act: Provided further, That any funds obligated under Public 
Law 116–136 that are recovered by or returned to the FAA shall 
be allocated under paragraph (1) of this heading in this Act: Pro-
vided further, That of the amounts appropriated under this heading 
in this Act: 
(1) Not less than $1,750,000,000 shall be available for 
primary airports as defined in section 47102(16) of title 49, 
United States Code, and certain cargo airports for costs related 
to operations, personnel, cleaning, sanitization, janitorial serv-
ices, combating the spread of pathogens at the airport, and 
debt service payments: Provided, That such funds shall not 
be subject to the reduced apportionments of section 47114(f) 
of title 49, United States Code: Provided further, That such 
funds shall first be apportioned as set forth in sections 
47114(c)(1)(A), 
47114(c)(1)(C)(i), 
47114(c)(1)(C)(ii), 
47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) of title 49, 
United States Code: Provided further, That there shall be no 
maximum apportionment limit: Provided further, That any 
remaining funds after such apportionment shall be distributed 
to all sponsors of primary airports (as defined in section 
47102(16) of title 49, United States Code) based on each such 
airport’s passenger enplanements compared to total passenger 
enplanements of all airports defined in section 47102(16) of
H. R. 133—759 
title 49, United States Code, for the most recent calendar 
year enplanements upon which the Secretary has apportioned 
funds pursuant to section 47114(c) of title 49, United States 
Code; 
(2) Not less than $45,000,000 shall be for general aviation 
and commercial service airports that are not primary airports 
as defined in paragraphs (7), (8), and (16) of section 47102 
of title 49, United States Code, for costs related to operations, 
personnel, cleaning, sanitization, janitorial services, combating 
the spread of pathogens at the airport, and debt service pay-
ments: Provided, That not less than $5,000,000 of such funds 
shall be available to sponsors of non-primary airports, divided 
equally, that participate in the FAA Contract Tower Program 
defined in section 47124 of title 49, United States Code, to 
cover lawful expenses to support FAA contract tower operations: 
Provided further, That the Secretary shall apportion the 
remaining funds to each non-primary airport based on the 
categories published in the most current National Plan of 
Integrated Airport Systems, reflecting the percentage of the 
aggregate published eligible development costs for each such 
category, and then dividing the allocated funds evenly among 
the eligible airports in each category, rounding up to the nearest 
thousand dollars: Provided further, That any remaining funds 
under this paragraph shall be distributed as described in para-
graph (1) under this heading in this Act; 
(3) Not less than $200,000,000 shall be available to spon-
sors of primary airports to provide relief from rent and min-
imum annual guarantees to on-airport car rental, on-airport 
parking, and in-terminal airport concessions (as defined in part 
23 of title 49, Code of Federal Regulations) located at primary 
airports: Provided, That such funds shall be distributed to 
all sponsors of primary airports (as defined in section 47102(16) 
of title 49, United States Code) based on each such airport’s 
passenger 
enplanements 
compared 
to 
total 
passenger 
enplanements of all airports defined in section 47102(16) of 
title 49, United States Code, for calendar year 2019: Provided 
further, That as a condition of approving a grant under this 
paragraph, the Secretary shall require the sponsor to provide 
such relief from the date of enactment of this Act until the 
sponsor has provided relief equaling the total grant amount, 
to the extent practicable and to the extent permissible under 
state laws, local laws, and applicable trust indentures: Provided 
further, That the sponsor shall provide relief from rent and 
minimum annual guarantee obligations to each eligible airport 
concession in an amount that reflects each eligible airport 
concession’s proportional share of the total amount of the rent 
and minimum annual guarantees of all the eligible airport 
concessions at such airport: Provided further, That, to the 
extent permissible under this paragraph, airport sponsors shall 
prioritize relief from rent and minimum annual guarantee to 
minority-owned businesses: Provided further, That only airport 
concessions that have certified they have not received a second 
draw or assistance for a covered loan under section 7(a)(37) 
of the Small Business Act (15 U.S.C. 636(a)(37)) that has been 
applied toward rent or minimum annual guarantee costs shall 
be eligible for relief under this paragraph and such concessions 
are hereby prohibited from applying for a covered loan under
H. R. 133—760 
such section for rent or minimum annual guarantee costs: 
Provided further, That sponsors of primary airports may retain 
up to 2 percent of the funds provided under this paragraph 
to administer the relief required under this paragraph; and 
(4) Up to $5,000,000 shall be available and transferred 
to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry 
out the Small Community Air Service Development Program: 
Provided, That in allocating funding made available in this 
or any previous Acts for such program for fiscal years 2019, 
2020, and 2021, the Secretary of Transportation shall give 
priority to communities or consortia of communities that have 
had air carrier service reduced or suspended as a result of 
the coronavirus pandemic: Provided further, That the Secretary 
shall publish streamlined and expedited procedures for the 
solicitation of applications for assistance under this paragraph 
not later than 60 days after the date of enactment of this 
Act and shall make awards as soon as practicable: 
Provided further, That the Administrator of the Federal Aviation 
Administration may retain up to 0.1 percent of the funds provided 
under this heading in this Act to fund the award and oversight 
by the Administrator of grants made under this heading in this 
Act: Provided further, That obligations of funds under this heading 
in this Act shall not be subject to any limitations on obligations 
provided in any Act making annual appropriations: Provided fur-
ther, That all airports receiving funds under this heading in this 
Act shall continue to employ, through February 15, 2021, at least 
90 percent of the number of individuals employed (after making 
adjustments for retirements or voluntary employee separations) 
by the airport as of March 27, 2020: Provided further, That the 
Secretary may waive the workforce retention requirement in the 
preceding proviso, if the Secretary determines the airport is experi-
encing economic hardship as a direct result of the requirement, 
or the requirement reduces aviation safety or security: Provided 
further, That the workforce retention requirement shall not apply 
to nonhub airports or nonprimary airports receiving funds under 
this heading in this Act: Provided further, That the amounts 
repurposed under this heading in this Act that were previously 
designated by the Congress as an emergency requirement pursuant 
to the Balanced Budget and Emergency Deficit Control Act of 
1985 are designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985: Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
FEDERAL HIGHWAY ADMINISTRATION 
HIGHWAY INFRASTRUCTURE PROGRAMS 
For an additional amount for ‘‘Highway Infrastructure Pro-
grams’’, $10,000,000,000, to remain available until September 30, 
2024, to prevent, prepare for, and respond to coronavirus: Provided, 
That the funds made available under this heading in this Act 
shall be derived from the general fund of the Treasury, shall be 
in addition to any funds provided for fiscal year 2021 in this 
or any other Act for ‘‘Federal-aid Highways’’ under chapters 1
H. R. 133—761 
or 2 of title 23, United States Code, and shall not affect the 
distribution or amount of funds provided in the Transportation, 
Housing and Urban Development, and Related Agencies Appropria-
tions Act, 2021, or any other Act: Provided further, That section 
1101(b) of Public Law 114–94 shall apply to funds made available 
under this heading in this Act: Provided further, That notwith-
standing chapter 1 or chapter 2 of title 23, United States Code, 
or any other provision of law, in addition to other eligible uses 
described under this heading in this Act, a State, territory, Puerto 
Rico, or Indian Tribe may use funds made available under this 
heading in this Act for costs related to preventive maintenance, 
routine maintenance, operations, personnel, including salaries of 
employees (including those employees who have been placed on 
administrative leave) or contractors, debt service payments, avail-
ability payments, and coverage for other revenue losses: Provided 
further, That a State, territory, Puerto Rico, or Indian Tribe may 
transfer funds made available under this heading in this Act to 
State, multi-state, international, or local public tolling agencies 
that own or operate a tolled facility that is a public road, bridge, 
or tunnel, or a ferry system that provides a public transportation 
benefit, and that was in operation within their State in fiscal 
year 2020: Provided further, That funds transferred pursuant to 
the preceding proviso may be used for costs related to operations, 
personnel, including salaries of employees (including those 
employees who have been placed on administrative leave) or con-
tractors, debt service payments, availability payments, and coverage 
for other revenue losses of a tolled facility or ferry system, and 
that, notwithstanding the previous receipt of Federal funds for 
such tolled facility or ferry system, for funds made available under 
this heading in this Act, the limitations on the use of revenues 
in subsections (a)(3) and (c)(4) of section 129 of title 23, United 
States Code, shall not apply with respect to the tolled facilities 
or ferry systems for which funding is transferred pursuant to the 
preceding proviso: Provided further, That of the funds made avail-
able under this heading in this Act, $9,840,057,332 shall be avail-
able for activities eligible under section 133(b) of title 23, United 
States Code, $114,568,862 shall be available for activities eligible 
under the Tribal Transportation Program, as described in section 
202 of such title, $35,845,307 shall be available for activities eligible 
under the Puerto Rico Highway Program, as described in section 
165(b)(2)(C)(iii) of such title; and $9,528,499 shall be available 
for activities eligible under the Territorial Highway Program, as 
described in section 165(c)(6) of such title: Provided further, That 
for the purposes of funds made available under this heading in 
this Act the term ‘‘State’’ means any of the 50 States or the District 
of Columbia: Provided further, That, except as otherwise provided 
under this heading in this Act, the funds made available under 
this heading in this Act shall be administered as if apportioned 
under chapter 1 of title 23, United States Code, except that the 
funds made available under this heading in this Act for activities 
eligible under the Tribal Transportation Program shall be adminis-
tered as if allocated under chapter 2 of title 23, United States 
Code: Provided further, That the funds made available under this 
heading in this Act for activities eligible under section 133(b) of 
title 23, United States Code, shall be apportioned to the States 
in the same ratio as the obligation limitation for fiscal year 2021 
is distributed among the States in accordance with the formula