[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4473 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 4473

 Making appropriations for the Department of Education for the fiscal 
        year ending September 30, 2005, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 1, 2004

Mr. Obey (for himself, Mr. George Miller of California, Ms. Pelosi, Mr. 
Hoyer, Mrs. Lowey, Ms. DeLauro, Mr. Jackson of Illinois, Mr. Kennedy of 
  Rhode Island, and Ms. Roybal-Allard) introduced the following bill; 
which was referred to the Committee on Appropriations, and in addition 
  to the Committee on Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of Education for the fiscal 
        year ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of Education for the fiscal year 
ending September 30, 2005, and for other purposes, namely:

                    TITLE I--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $22,764,788,000, of which $15,180,373,000 shall become available 
on July 1, 2005, and shall remain available through September 30, 2006, 
and of which $7,383,301,000 shall become available on October 1, 2005, 
and shall remain available through September 30, 2006, for academic 
year 2005-2006: Provided, That $7,271,228,000 shall be available for 
basic grants under section 1124: Provided further, That up to 
$3,500,000 of these funds shall be available to the Secretary of 
Education on October 1, 2004, to obtain updated educational-agency-
level census poverty data from the Bureau of the Census: Provided 
further, That $1,365,031,000 shall be available for concentration 
grants under section 1124A: Provided further, That $5,931,871,000 shall 
be available for targeted grants under section 1125: Provided further, 
That $5,931,871,000 shall be available for education finance incentive 
grants under section 1125A: Provided further, That $233,613,000 shall 
be available for comprehensive school reform grants under part F of the 
ESEA: Provided further, That $9,500,000 shall be available to carry out 
part E of title I: Provided further, That from the funds available to 
carry out part A of title I, up to $1,000,000 shall be available to the 
Secretary of Education to provide technical assistance to State and 
local educational agencies concerning part A of title I.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,335,527,000, of which 
$1,128,618,000 shall be for basic support payments under section 
8003(b), $51,000,000 shall be for payments for children with 
disabilities under section 8003(d), $65,936,000 shall be for 
construction under section 8007 and shall remain available through 
September 30, 2006, $82,072,000 shall be for Federal property payments 
under section 8002, and $7,901,000, to remain available until expended, 
shall be for facilities maintenance under section 8008.

                      School Improvement Programs

    For carrying out school improvement activities authorized by titles 
II, part B of title IV, part A and subparts 6 and 9 of part D of title 
V, parts A and B of title VI, and parts B and C of title VII of the 
Elementary and Secondary Education Act of 1965 (``ESEA''); the 
McKinney-Vento Homeless Assistance Act; sections 203 and 205 of the 
Educational Technical Assistance Act of 2002; and the Civil Rights Act 
of 1964, $7,333,583,000, of which $5,455,867,00 shall become available 
on July 1, 2005, and remain available through September 30, 2006, and 
of which $1,435,000,000 shall become available on October 1, 2005, and 
shall remain available through September 30, 2006, for academic year 
2005-2006: Provided, That funds made available to carry out part B of 
title VII of the ESEA may be used for construction, renovation and 
modernization of any elementary school, secondary school, or structure 
related to an elementary school or secondary school, run by the 
Department of Education of the State of Hawaii, that serves a 
predominantly Native Hawaiian student body: Provided further, That from 
the funds referred to in the preceding proviso, not less than 
$1,000,000 shall be for a grant to the Department of Education of the 
State of Hawaii for the activities described in such proviso: Provided 
further, That funds made available to carry out part C of title VII of 
the ESEA may be used for construction: Provided further, That 
$490,000,000 shall be for subpart 1 of part A of title VI of the ESEA: 
Provided further, That $27,657,000 shall be available to carry out part 
D of title V of the ESEA: Provided further, That no funds appropriated 
under this heading may be used to carry out section 5494 under the 
ESEA: Provided further, That $4,939,000 shall be available to extend 
for one additional year the contract for the Eisenhower National 
Clearinghouse for Mathematics and Science Education authorized under 
section 2102(a)(2) of the Elementary and Secondary Education Act of 
1965, prior it its amendment by the No Child Left Behind Act of 2001, 
Public Law 107-110.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $120,856,000.

                       Innovation and Improvement

    For carrying out activities authorized by parts G and H of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V, and section 1504 of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), $973,379,000: Provided, That $74,073,000 for 
continuing and new grants to demonstrate effective approaches to 
comprehensive school reform shall become available on July 1, 2005, and 
remain available through September 30, 2006, and shall be allocated and 
expended in the same manner as the funds provided under the Fund for 
the Improvement of Education for this purpose were allocated and 
expended in fiscal year 2004: Provided further, That $7,000,000 shall 
be available to carry out section 2151(c) of the ESEA, which shall be 
provided to the National Board for Professional Teaching Standards: 
Provided further, That $37,279,000 shall be for subpart 2 of part B of 
title V: Provided further, That $251,383,000 shall be available to 
carry out part D of title V of the ESEA.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, part A of title IV, and subparts 2, 3 and 10 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), title VIII-D of the Higher Education Amendments of 1998, 
and Public Law 102-73, $927,372,000, of which $488,773,000 shall become 
available on July 1, 2005, and remain available through September 30, 
2006: Provided, That of the amount available for subpart 2 of part A of 
title IV of the ESEA, $850,000 shall be used to continue the National 
Recognition Awards program under the same guidelines outlined by 
section 120(f) of Public Law 105-244: Provided further, That 
$463,920,000 shall be available for subpart 1 of part A of title IV and 
$279,880,000 shall be available for subpart 2 of part A of title IV, of 
which $5,000,000, to remain available until expended, shall be for the 
Project School Emergency Response to Violence program to provide 
education-related services to local educational agencies in which the 
learning environment has been disrupted due to a violent or traumatic 
crisis: Provided further, That $130,077,000 shall be available to carry 
out part D of title V of the ESEA: Provided further, That of the funds 
available to carry out subpart 3 of part C of title II, up to 
$11,852,000 may be used to carry out section 2345 and $2,962,000 shall 
be used by the Center for Civic Education to implement a comprehensive 
program to improve public knowledge, understanding, and support of the 
Congress and the State legislatures: Provided further, That $24,853,000 
shall be for Youth Offender Grants, of which $4,971,000 shall be used 
in accordance with section 601 of Public law 102-73 as that section was 
in effect prior to enactment of Public Law 105-220: Provided further, 
That of the funds available to carry out subpart 10 of part D of title 
V, up to $2,000,000 may be used to support the Special Olympics.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $750,000,000, of 
which $660,454,000 shall become available on July 1, 2005, and shall 
remain available through September 30, 2006: Provided, That funds 
reserved under section 3111(c)(1)(D) of the ESEA that are not used in 
accordance with section 3111(c)(2) may be added to the funds that are 
available July 1, 2005 through September 30, 2006, for State allotments 
under section 3111(c)(3).

                           Special Education

    For carrying out parts B, C, and D of the Individuals with 
Disabilities Education Act, $13,376,101,000, of which $7,760,447,000 
shall become available for obligation on July 1, 2005, and shall remain 
available through September 30, 2006, and of which $5,413,000,000 shall 
become available on October 1, 2005, and shall remain available through 
September 30, 2006, for academic year 2005-2006: Provided, That 
$11,333,000 shall be for Recording for the Blind and Dyslexic to 
support the development, production, and circulation of recorded 
educational materials: Provided further, That $1,491,000 shall be for 
the recipient of funds provided by Public Law 105-78 under section 
687(b)(2)(G) of the Act to provide information on diagnosis, 
intervention, and teaching strategies for children with disabilities: 
Provided further, That the amount for section 611(c) of the Act shall 
be equal to the amount available for that section during fiscal year 
2004, increased by the amount of inflation as specified in section 
611(f)(1)(B)(ii) of the Act.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the 
AT Act''), and the Helen Keller National Center Act, $3,068,764,000.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $17,223,000.

               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 (20 U.S.C. 4301 et 
seq.), $55,800,000, of which $1,685,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the Institute may at its discretion use funds for the 
endowment program as authorized under section 207.

                          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 (20 U.S.C. 4301 et seq.), $105,400,000: Provided, That from the 
total amount available, the University may at its discretion use funds 
for the endowment program as authorized under section 207.

                     Vocational and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Technical Education Act of 1998, the Adult 
Education and Family Literacy Act, and subparts 4 and 11 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), $2,187,365,000, of which $1,377,726,000 shall become 
available on July 1, 2005, and shall remain available through September 
30, 2006, and of which $791,000,000 shall become available on October 
1, 2005, and shall remain available through September 30, 2006: 
Provided, That notwithstanding any other provision of law or any 
regulation, the Secretary of Education shall not require the use of a 
restricted indirect cost rate for grants issued pursuant to section 117 
of the Carl D. Perkins Vocational and Technical Education Act of 1998: 
Provided further, That of the amount provided for Adult Education State 
Grants, $72,220,000 shall be made available for integrated English 
literacy and civics education services to immigrants and other limited 
English proficient populations: Provided further, That of the amount 
reserved for integrated English literacy and civics education, 
notwithstanding section 211 of the Adult Education and Family Literacy 
Act, 65 percent shall be allocated to States based on a State's 
absolute need as determined by calculating each State's share of a 10-
year average of the Immigration and Naturalization Service data for 
immigrants admitted for legal permanent residence for the 10 most 
recent years, and 35 percent allocated to States that experienced 
growth as measured by the average of the 3 most recent years for which 
Immigration and Naturalization Service data for immigrants admitted for 
legal permanent residence are available, except that no State shall be 
allocated an amount less than $60,000: Provided further, That of the 
amounts made available for the Adult Education and Family Literacy Act, 
$9,169,000 shall be for national leadership activities under section 
243 and $6,692,000 shall be for the National Institute of Literacy 
under section 242: Provided further, That $183,908,000 shall be 
available to carry out part D of title V of the ESEA: Provided further, 
That $173,967,000 shall be available to support the activities 
authorized under subpart 4 of part D of title V of the Elementary and 
Secondary Education Act of 1965, of which up to 5 percent shall become 
available October 1, 2004, and shall remain available through September 
30, 2006, for evaluation, technical assistance, school networking, peer 
review of applications, and program outreach activities, and of which 
not less than 95 percent shall become available on July 1, 2005, and 
remain available through September 30, 2006, for grants to local 
educational agencies: Provided further, That funds made available to 
local education agencies under this subpart shall be used only for 
activities related to establishing smaller learning communities in high 
schools.

                      Student Financial Assistance

    For carrying out subparts 1, 3, and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$17,281,931,000, which shall remain available through September 30, 
2006.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2005-2006 shall be $4,500.

                       Student Aid Administration

    For Federal administrative expenses (in addition to funds made 
available under section 458), to carry out part D of title I, and 
subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV of 
the Higher Education Act of 1965, as amended, $139,639,000.

                            Higher Education

    For carrying out, to the extent not otherwise provided, section 121 
and titles II, III, IV, V, VI, and VII of the Higher Education Act of 
1965 (``HEA''), as amended, section 1543 of the Higher Education 
Amendments of 1992, title VIII of the Higher Education Amendments of 
1998, and the Mutual Educational and Cultural Exchange Act of 1961, and 
section 117 of the Carl D. Perkins Vocational and Technical Education 
Act, $2,192,790,000, of which $1,500,000 for interest subsidies 
authorized by section 121 of the HEA shall remain available until 
expended: Provided, That $9,876,000, to remain available through 
September 30, 2006, shall be available to fund fellowships for academic 
year 2006-2007 under part A, subpart 1 of title VII of said Act, under 
the terms and conditions of part A, subpart 1: Provided further, That 
$988,000 is for data collection and evaluation activities for programs 
under the HEA, including such activities needed to comply with the 
Government Performance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made available in 
this Act to carry out title VI of the HEA and section 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 
participating in advanced foreign language training and international 
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 government, the professions, or 
international development: Provided further, That up to 1 percent of 
the funds referred to in the preceding proviso may be used for program 
evaluation, national outreach, and information dissemination 
activities.

                           Howard University

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$250,701,000, of which not less than $3,600,000 shall be for a matching 
endowment grant pursuant to the Howard University Endowment Act (Public 
Law 98-480) and shall remain available until expended.

         College Housing and Academic Facilities Loans Program

    For Federal administrative expenses authorized under section 121 of 
the Higher Education Act of 1965, $578,000 to carry out activities 
related to existing facility loans entered into under the Higher 
Education Act of 1965.

  Historically Black College and University Capital Financing Program 
                                Account

    The aggregate principal amount of outstanding bonds insured 
pursuant to section 344 of title III, part D of the Higher Education 
Act of 1965, shall not exceed $357,000,000, and the cost, as defined in 
section 502 of the Congressional Budget Act of 1974, of such bonds 
shall not exceed zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title III, part D of the Higher Education Act of 1965, as amended, 
$212,000.

                    Institute of Education Sciences

    For carrying out activities authorized by Public Law 107-279, 
$519,619,000: Provided, That, of the amount appropriated, $185,000,000 
shall be available for obligation through September 30, 2006: Provided 
further, That, of the amount provided to carry out title I, parts B and 
D of Public Law 107-279, not less than $34,767,000 shall be for the 
national research and development centers authorized under section 
133(c).

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $429,778,000.

                        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, $92,801,000.

                    office of the inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $50,576,000.

                      TITLE II--GENERAL PROVISIONS

    Sec. 201. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 202. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 203. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.

                          (transfer of funds)

    Sec. 204. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of 
Education in this Act may be transferred between appropriations, but no 
such appropriation shall be increased by more than 3 percent by any 
such transfer: Provided, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.
    Sec. 205. The Secretary of Education is authorized to transfer 
unexpended balances of prior appropriations to accounts corresponding 
to current appropriations provided in this Act: Provided, That such 
transferred balances are used for the same purpose, and for the same 
periods of time, for which they were originally appropriated.
    Sec. 206. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 207. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 208. The Secretary of Education is authorized to make 
available not to exceed $20,000, from funds available for salaries and 
expenses under title I for official reception and representation 
expenses.
    Sec. 209. (a) It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with funds 
made available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act, the 
head of each Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made in 
subsection (a) by the Congress.
    (c) If it has been finally determined by a court or Federal agency 
that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract 
or subcontract made with funds made available in this Act, pursuant to 
the debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 210. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state:
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and
            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.
    Sec. 211. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 212. None of the funds made available by this Act to carry out 
part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act (20 U.S.C. 
6777(a)), as amended by the Children's Internet Protections Act and the 
No Child Left Behind Act, unless the local educational agency with 
responsibility for such covered school has made the certifications 
required by paragraph (2) of such section.
    Sec. 213. To carry out section 105 of the Compact of Free 
Association Amendments Act of 2003 (Public Law 108-188), from amounts 
made available in this Act for part A of title I of the Elementary and 
Secondary Education Act of 1965, title II of the Workforce Investment 
Act of 1998, title I of the Carl D. Perkins Vocational and Technical 
Education Act of 1998, and subpart 3 of part A, and part C, of title IV 
of the Higher Education Act of 1965, an amount equal to amounts made 
available under these authorities in division E of the Consolidated 
Appropriations Act, 2004 (Public Law 180-199) for the Republic of the 
Marshall Islands and the Federated States of Micronesia shall be 
transferred to ``School Improvement Programs, Department of Education'' 
to carry out the Supplemental Education Grants program: Provided, That 
within 90 days of enactment of this Act, such amounts shall be 
transferred to the Secretary of the Interior for disbursement to the 
Republic of Marshall Islands and the Federated States of Micronesia.
    Sec. 214. The Secretary of Education shall not implement or enforce 
for the award year 2005-2006 any annual update to the allowance for 
State and other taxes in the tables used in the Federal need analysis 
methodology to determine a student's expected family contribution under 
part F of title IV of the Higher Education Act of 1965.
    Sec. 215. In addition to amounts otherwise provided under the 
heading ``Education for the Disadvantaged'' to carry out subpart 2 of 
part A of title I of the Elementary and Secondary Education Act of 
1965, $233,636,000, which shall become available on October 1, 2004, 
and remain available through September 30, 2005, for academic year 
2004-2005 and which shall be allocated, notwithstanding any other 
provision of law, to those local educational agencies that would 
otherwise receive, under the Department of Education Appropriations 
Act, 2004, smaller allocations under such subpart than they received 
for fiscal year 2003: Provided, That the Secretary of Education shall 
use these additional funds to provide each of those local educational 
agencies with an allocation for fiscal year 2004 that is 100 percent of 
the amount such local educational agency received under that subpart 
for fiscal year 2003: Provided further, That the Secretary shall 
ratably reduce the allocations to local educational agencies under the 
preceding proviso if the funds available are insufficient to make those 
allocations in full: Provided further, That the additional amounts 
appropriated under this section shall not be taken into account in 
determining state allocations under any program administered by the 
Secretary for any fiscal year.
    Sec. 216. In the case of taxpayers with adjusted gross income in 
excess of $1,000,000 for calendar year 2004, the amount of the tax 
reduction resulting from enactment of the Jobs and Growth Tax Relief 
Reconciliation Act of 2003 (Public Law 108-27) and enactment of the 
Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 
107-16) shall be reduced by 55.7 percent.
    This Act may be cited as the ``Educational Opportunity for the 21st 
Century Department of Education Appropriations Act, 2005''.
                                 <all>