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

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

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'.

END