Home > 106th Congressional Bills > H.R. 4474 (ih) For the relief of Valentine Nwandu. [Introduced in House] ...H.R. 4474 (ih) For the relief of Valentine Nwandu. [Introduced in House] ...
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''.
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