H.R. 4474 (ih) For the relief of Valentine Nwandu. [Introduced in House] ...

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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 

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