I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of Education for the fiscal year ending Sep6 tember 30, 2005, and for other purposes, namely: 
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1 TITLE I—DEPARTMENT OF EDUCATION 

2 EDUCATION FOR THE DISADVANTAGED

3 For carrying out title I of the Elementary and Sec4 ondary Education Act of 1965 (‘‘ESEA’’) and section 

5 418A of the Higher Education Act of 1965, 

6 $22,764,788,000, of which $15,180,373,000 shall become 

7 available on July 1, 2005, and shall remain available 

8 through September 30, 2006, and of which 

9 $7,383,301,000 shall become available on October 1, 

10 2005, and shall remain available through September 30, 

11 2006, for academic year 2005–2006: Provided, That 

12 $7,271,228,000 shall be available for basic grants under 

13 section 1124: Provided further, That up to $3,500,000 of 

14 these funds shall be available to the Secretary of Edu15 cation on October 1, 2004, to obtain updated educational16 agency-level census poverty data from the Bureau of the 

17 Census: Provided further, That $1,365,031,000 shall be 

18 available for concentration grants under section 1124A: 

19 Provided further, That $5,931,871,000 shall be available 

20 for targeted grants under section 1125: Provided further, 

21 That $5,931,871,000 shall be available for education fi22 nance incentive grants under section 1125A: Provided fur23 ther, That $233,613,000 shall be available for comprehen24 sive school reform grants under part F of the ESEA: Pro25 vided further, That $9,500,000 shall be available to carry 
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1 out part E of title I: Provided further, That from the funds 

2 available to carry out part A of title I, up to $1,000,000 

3 shall be available to the Secretary of Education to provide 

4 technical assistance to State and local educational agen5 cies concerning part A of title I. 

6 IMPACT AID

7 For carrying out programs of financial assistance to 

8 federally affected schools authorized by title VIII of the 

9 Elementary and Secondary Education Act of 1965, 

10 $1,335,527,000, of which $1,128,618,000 shall be for 

11 basic support payments under section 8003(b), 

12 $51,000,000 shall be for payments for children with dis13 abilities under section 8003(d), $65,936,000 shall be for 

14 construction under section 8007 and shall remain avail15 able through September 30, 2006, $82,072,000 shall be 

16 for Federal property payments under section 8002, and 

17 $7,901,000, to remain available until expended, shall be 

18 for facilities maintenance under section 8008. 

19 SCHOOL IMPROVEMENT PROGRAMS

20 For carrying out school improvement activities au21 thorized by titles II, part B of title IV, part A and sub22 parts 6 and 9 of part D of title V, parts A and B of title 

23 VI, and parts B and C of title VII of the Elementary and 

24 Secondary Education Act of 1965 (‘‘ESEA’’); the McKin25 ney-Vento Homeless Assistance Act; sections 203 and 205 
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1 of the Educational Technical Assistance Act of 2002; and 

2 the Civil Rights Act of 1964, $7,333,583,000, of which 

3 $5,455,867,00 shall become available on July 1, 2005, and 

4 remain available through September 30, 2006, and of 

5 which $1,435,000,000 shall become available on October 

6 1, 2005, and shall remain available through September 30, 

7 2006, for academic year 2005–2006: Provided, That funds 

8 made available to carry out part B of title VII of the 

9 ESEA may be used for construction, renovation and mod10 ernization of any elementary school, secondary school, or 

11 structure related to an elementary school or secondary 

12 school, run by the Department of Education of the State 

13 of Hawaii, that serves a predominantly Native Hawaiian 

14 student body: Provided further, That from the funds re15 ferred to in the preceding proviso, not less than 

16 $1,000,000 shall be for a grant to the Department of Edu17 cation of the State of Hawaii for the activities described 

18 in such proviso: Provided further, That funds made avail19 able to carry out part C of title VII of the ESEA may 

20 be used for construction: Provided further, That 

21 $490,000,000 shall be for subpart 1 of part A of title VI 

22 of the ESEA: Provided further, That $27,657,000 shall 

23 be available to carry out part D of title V of the ESEA: 

24 Provided further, That no funds appropriated under this 

25 heading may be used to carry out section 5494 under the 
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1 ESEA: Provided further, That $4,939,000 shall be avail2 able to extend for one additional year the contract for the 

3 Eisenhower National Clearinghouse for Mathematics and 

4 Science Education authorized under section 2102(a)(2) of 

5 the Elementary and Secondary Education Act of 1965, 

6 prior it its amendment by the No Child Left Behind Act 

7 of 2001, Public Law 107–110. 

8 INDIAN EDUCATION

9 For expenses necessary to carry out, to the extent 

10 not otherwise provided, title VII, part A of the Elementary 

11 and Secondary Education Act of 1965, $120,856,000. 

12 INNOVATION AND IMPROVEMENT

13 For carrying out activities authorized by parts G and 

14 H of title I, subpart 5 of part A and parts C and D of 

15 title II, parts B, C, and D of title V, and section 1504 

16 of the Elementary and Secondary Education Act of 1965 

17 (‘‘ESEA’’), $973,379,000: Provided, That $74,073,000 

18 for continuing and new grants to demonstrate effective ap19 proaches to comprehensive school reform shall become 

20 available on July 1, 2005, and remain available through 

21 September 30, 2006, and shall be allocated and expended 

22 in the same manner as the funds provided under the Fund 

23 for the Improvement of Education for this purpose were 

24 allocated and expended in fiscal year 2004: Provided fur25 ther, That $7,000,000 shall be available to carry out sec-
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1 tion 2151(c) of the ESEA, which shall be provided to the 

2 National Board for Professional Teaching Standards: Pro3 vided further, That $37,279,000 shall be for subpart 2 of 

4 part B of title V: Provided further, That $251,383,000 

5 shall be available to carry out part D of title V of the 

6 ESEA. 

7 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

8 For carrying out activities authorized by subpart 3 

9 of part C of title II, part A of title IV, and subparts 2, 

10 3 and 10 of part D of title V of the Elementary and Sec11 ondary Education Act of 1965 (‘‘ESEA’’), title VIII–D 

12 of the Higher Education Amendments of 1998, and Public 

13 Law 102–73, $927,372,000, of which $488,773,000 shall 

14 become available on July 1, 2005, and remain available 

15 through September 30, 2006: Provided, That of the 

16 amount available for subpart 2 of part A of title IV of 

17 the ESEA, $850,000 shall be used to continue the Na18 tional Recognition Awards program under the same guide19 lines outlined by section 120(f) of Public Law 105–244: 

20 Provided further, That $463,920,000 shall be available for 

21 subpart 1 of part A of title IV and $279,880,000 shall 

22 be available for subpart 2 of part A of title IV, of which 

23 $5,000,000, to remain available until expended, shall be 

24 for the Project School Emergency Response to Violence 

25 program to provide education-related services to local edu-
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1 cational agencies in which the learning environment has 

2 been disrupted due to a violent or traumatic crisis: Pro3 vided further, That $130,077,000 shall be available to 

4 carry out part D of title V of the ESEA: Provided further, 

5 That of the funds available to carry out subpart 3 of part 

6 C of title II, up to $11,852,000 may be used to carry out 

7 section 2345 and $2,962,000 shall be used by the Center 

8 for Civic Education to implement a comprehensive pro9 gram to improve public knowledge, understanding, and 

10 support of the Congress and the State legislatures: Pro11 vided further, That $24,853,000 shall be for Youth Of12 fender Grants, of which $4,971,000 shall be used in ac13 cordance with section 601 of Public law 102–73 as that 

14 section was in effect prior to enactment of Public Law 

15 105–220: Provided further, That of the funds available to 

16 carry out subpart 10 of part D of title V, up to $2,000,000 

17 may be used to support the Special Olympics. 

18 ENGLISH LANGUAGE ACQUISITION

19 For carrying out part A of title III of the ESEA, 

20 $750,000,000, of which $660,454,000 shall become avail21 able on July 1, 2005, and shall remain available through 

22 September 30, 2006: Provided, That funds reserved under 

23 section 3111(c)(1)(D) of the ESEA that are not used in 

24 accordance with section 3111(c)(2) may be added to the 
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1 funds that are available July 1, 2005 through September 

2 30, 2006, for State allotments under section 3111(c)(3). 

3 SPECIAL EDUCATION

4 For carrying out parts B, C, and D of the Individuals 

5 with Disabilities Education Act, $13,376,101,000, of 

6 which $7,760,447,000 shall become available for obliga7 tion on July 1, 2005, and shall remain available through 

8 September 30, 2006, and of which $5,413,000,000 shall 

9 become available on October 1, 2005, and shall remain 

10 available through September 30, 2006, for academic year 

11 2005–2006: Provided, That $11,333,000 shall be for Re12 cording for the Blind and Dyslexic to support the develop13 ment, production, and circulation of recorded educational 

14 materials: Provided further, That $1,491,000 shall be for 

15 the recipient of funds provided by Public Law 105–78 

16 under section 687(b)(2)(G) of the Act to provide informa17 tion on diagnosis, intervention, and teaching strategies for 

18 children with disabilities: Provided further, That the 

19 amount for section 611(c) of the Act shall be equal to the 

20 amount available for that section during fiscal year 2004, 

21 increased by the amount of inflation as specified in section 

22 611(f)(1)(B)(ii) of the Act. 

23 REHABILITATION SERVICES AND DISABILITY RESEARCH

24 For carrying out, to the extent not otherwise pro25 vided, the Rehabilitation Act of 1973, the Assistive Tech-
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1 nology Act of 1998 (‘‘the AT Act’’), and the Helen Keller 

2 National Center Act, $3,068,764,000. 

3 SPECIAL INSTITUTIONS FOR PERSONS WITH

4 DISABILITIES

5 AMERICAN PRINTING HOUSE FOR THE BLIND

6 For carrying out the Act of March 3, 1879, as 

7 amended (20 U.S.C. 101 et seq.), $17,223,000. 

8 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

9 For the National Technical Institute for the Deaf 

10 under titles I and II of the Education of the Deaf Act 

11 of 1986 (20 U.S.C. 4301 et seq.), $55,800,000, of which 

12 $1,685,000 shall be for construction and shall remain 

13 available until expended: Provided, That from the total 

14 amount available, the Institute may at its discretion use 

15 funds for the endowment program as authorized under 

16 section 207. 

17 GALLAUDET UNIVERSITY

18 For the Kendall Demonstration Elementary School, 

19 the Model Secondary School for the Deaf, and the partial 

20 support of Gallaudet University under titles I and II of 

21 the Education of the Deaf Act of 1986 (20 U.S.C. 4301 

22 et seq.), $105,400,000: Provided, That from the total 

23 amount available, the University may at its discretion use 

24 funds for the endowment program as authorized under 

25 section 207. 
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1 VOCATIONAL AND ADULT EDUCATION

2 For carrying out, to the extent not otherwise pro3 vided, the Carl D. Perkins Vocational and Technical Edu4 cation Act of 1998, the Adult Education and Family Lit5 eracy Act, and subparts 4 and 11 of part D of title V 

6 of the Elementary and Secondary Education Act of 1965 

7 (‘‘ESEA’’), $2,187,365,000, of which $1,377,726,000 

8 shall become available on July 1, 2005, and shall remain 

9 available through September 30, 2006, and of which 

10 $791,000,000 shall become available on October 1, 2005, 

11 and shall remain available through September 30, 2006: 

12 Provided, That notwithstanding any other provision of law 

13 or any regulation, the Secretary of Education shall not 

14 require the use of a restricted indirect cost rate for grants 

15 issued pursuant to section 117 of the Carl D. Perkins Vo16 cational and Technical Education Act of 1998: Provided 

17 further, That of the amount provided for Adult Education 

18 State Grants, $72,220,000 shall be made available for in19 tegrated English literacy and civics education services to 

20 immigrants and other limited English proficient popu21 lations: Provided further, That of the amount reserved for 

22 integrated English literacy and civics education, notwith23 standing section 211 of the Adult Education and Family 

24 Literacy Act, 65 percent shall be allocated to States based 

25 on a State’s absolute need as determined by calculating 
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1 each State’s share of a 10-year average of the Immigration 

2 and Naturalization Service data for immigrants admitted 

3 for legal permanent residence for the 10 most recent 

4 years, and 35 percent allocated to States that experienced 

5 growth as measured by the average of the 3 most recent 

6 years for which Immigration and Naturalization Service 

7 data for immigrants admitted for legal permanent resi8 dence are available, except that no State shall be allocated 

9 an amount less than $60,000: Provided further, That of 

10 the amounts made available for the Adult Education and 

11 Family Literacy Act, $9,169,000 shall be for national 

12 leadership activities under section 243 and $6,692,000 

13 shall be for the National Institute of Literacy under sec14 tion 242: Provided further, That $183,908,000 shall be 

15 available to carry out part D of title V of the ESEA: Pro16 vided further, That $173,967,000 shall be available to sup17 port the activities authorized under subpart 4 of part D 

18 of title V of the Elementary and Secondary Education Act 

19 of 1965, of which up to 5 percent shall become available 

20 October 1, 2004, and shall remain available through Sep21 tember 30, 2006, for evaluation, technical assistance, 

22 school networking, peer review of applications, and pro23 gram outreach activities, and of which not less than 95 

24 percent shall become available on July 1, 2005, and re25 main available through September 30, 2006, for grants 
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1 to local educational agencies: Provided further, That funds 

2 made available to local education agencies under this sub3 part shall be used only for activities related to establishing 

4 smaller learning communities in high schools. 

5 STUDENT FINANCIAL ASSISTANCE

6 For carrying out subparts 1, 3, and 4 of part A, part 

7 C and part E of title IV of the Higher Education Act of 

8 1965, as amended, $17,281,931,000, which shall remain 

9 available through September 30, 2006. 

10 The maximum Pell Grant for which a student shall 

11 be eligible during award year 2005–2006 shall be $4,500. 

12 STUDENT AID ADMINISTRATION

13 For Federal administrative expenses (in addition to 

14 funds made available under section 458), to carry out part 

15 D of title I, and subparts 1, 3, and 4 of part A, and parts 

16 B, C, D and E of title IV of the Higher Education Act 

17 of 1965, as amended, $139,639,000. 

18 HIGHER EDUCATION

19 For carrying out, to the extent not otherwise pro20 vided, section 121 and titles II, III, IV, V, VI, and VII 

21 of the Higher Education Act of 1965 (‘‘HEA’’), as amend22 ed, section 1543 of the Higher Education Amendments 

23 of 1992, title VIII of the Higher Education Amendments 

24 of 1998, and the Mutual Educational and Cultural Ex25 change Act of 1961, and section 117 of the Carl D. Per-
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1 kins Vocational and Technical Education Act, 

2 $2,192,790,000, of which $1,500,000 for interest sub3 sidies authorized by section 121 of the HEA shall remain 

4 available until expended: Provided, That $9,876,000, to 

5 remain available through September 30, 2006, shall be 

6 available to fund fellowships for academic year 2006–2007 

7 under part A, subpart 1 of title VII of said Act, under 

8 the terms and conditions of part A, subpart 1: Provided 

9 further, That $988,000 is for data collection and evalua10 tion activities for programs under the HEA, including 

11 such activities needed to comply with the Government Per12 formance and Results Act of 1993: Provided further, That 

13 notwithstanding any other provision of law, funds made 

14 available in this Act to carry out title VI of the HEA and 

15 section 102(b)(6) of the Mutual Educational and Cultural 

16 Exchange Act of 1961 may be used to support visits and 

17 study in foreign countries by individuals who are partici18 pating in advanced foreign language training and inter19 national studies in areas that are vital to United States 

20 national security and who plan to apply their language 

21 skills and knowledge of these countries in the fields of gov22 ernment, the professions, or international development: 

23 Provided further, That up to 1 percent of the funds re24 ferred to in the preceding proviso may be used for pro-
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1 gram evaluation, national outreach, and information dis2 semination activities. 

3 HOWARD UNIVERSITY

4 For partial support of Howard University (20 U.S.C. 

5 121 et seq.), $250,701,000, of which not less than 

6 $3,600,000 shall be for a matching endowment grant pur7 suant to the Howard University Endowment Act (Public 

8 Law 98–480) and shall remain available until expended. 

9 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

10 PROGRAM

11 For Federal administrative expenses authorized 

12 under section 121 of the Higher Education Act of 1965, 

13 $578,000 to carry out activities related to existing facility 

14 loans entered into under the Higher Education Act of 

15 1965. 

16 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

17 CAPITAL FINANCING PROGRAM ACCOUNT

18 The aggregate principal amount of outstanding bonds 

19 insured pursuant to section 344 of title III, part D of the 

20 Higher Education Act of 1965, shall not exceed 

21 $357,000,000, and the cost, as defined in section 502 of 

22 the Congressional Budget Act of 1974, of such bonds shall 

23 not exceed zero. 

24 For administrative expenses to carry out the Histori25 cally Black College and University Capital Financing Pro-
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1 gram entered into pursuant to title III, part D of the 

2 Higher Education Act of 1965, as amended, $212,000. 

3 INSTITUTE OF EDUCATION SCIENCES

4 For carrying out activities authorized by Public Law 

5 107–279, $519,619,000: Provided, That, of the amount 

6 appropriated, $185,000,000 shall be available for obliga7 tion through September 30, 2006: Provided further, That, 

8 of the amount provided to carry out title I, parts B and 

9 D of Public Law 107–279, not less than $34,767,000 shall 

10 be for the national research and development centers au11 thorized under section 133(c). 

12 DEPARTMENTAL MANAGEMENT

13 PROGRAM ADMINISTRATION

14 For carrying out, to the extent not otherwise pro15 vided, the Department of Education Organization Act, in16 cluding rental of conference rooms in the District of Co17 lumbia and hire of three passenger motor vehicles, 

18 $429,778,000. 

19 OFFICE FOR CIVIL RIGHTS

20 For expenses necessary for the Office for Civil 

21 Rights, as authorized by section 203 of the Department 

22 of Education Organization Act, $92,801,000. 

23 OFFICE OF THE INSPECTOR GENERAL

24 For expenses necessary for the Office of the Inspector 

25 General, as authorized by section 212 of the Department 

26 of Education Organization Act, $50,576,000. 
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1 TITLE II—GENERAL PROVISIONS 

2 SEC. 201. No funds appropriated in this Act may be 

3 used for the transportation of students or teachers (or for 

4 the purchase of equipment for such transportation) in 

5 order to overcome racial imbalance in any school or school 

6 system, or for the transportation of students or teachers 

7 (or for the purchase of equipment for such transportation) 

8 in order to carry out a plan of racial desegregation of any 

9 school or school system. 

10 SEC. 202. None of the funds contained in this Act 

11 shall be used to require, directly or indirectly, the trans12 portation of any student to a school other than the school 

13 which is nearest the student’s home, except for a student 

14 requiring special education, to the school offering such 

15 special education, in order to comply with title VI of the 

16 Civil Rights Act of 1964. For the purpose of this section 

17 an indirect requirement of transportation of students in18 cludes the transportation of students to carry out a plan 

19 involving the reorganization of the grade structure of 

20 schools, the pairing of schools, or the clustering of schools, 

21 or any combination of grade restructuring, pairing or clus22 tering. The prohibition described in this section does not 

23 include the establishment of magnet schools. 
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1 SEC. 203. No funds appropriated under this Act may 

2 be used to prevent the implementation of programs of vol3 untary prayer and meditation in the public schools. 

4 (TRANSFER OF FUNDS)

5 SEC. 204. Not to exceed 1 percent of any discre6 tionary funds (pursuant to the Balanced Budget and 

7 Emergency Deficit Control Act of 1985, as amended) 

8 which are appropriated for the Department of Education 

9 in this Act may be transferred between appropriations, but 

10 no such appropriation shall be increased by more than 3 

11 percent by any such transfer: Provided, That the Appro12 priations Committees of both Houses of Congress are noti13 fied at least 15 days in advance of any transfer. 

14 SEC. 205. The Secretary of Education is authorized 

15 to transfer unexpended balances of prior appropriations 

16 to accounts corresponding to current appropriations pro17 vided in this Act: Provided, That such transferred bal18 ances are used for the same purpose, and for the same 

19 periods of time, for which they were originally appro20 priated. 

21 SEC. 206. No part of any appropriation contained in 

22 this Act shall remain available for obligation beyond the 

23 current fiscal year unless expressly so provided herein. 

24 SEC. 207. (a) No part of any appropriation contained 

25 in this Act shall be used, other than for normal and recog26 nized executive-legislative relationships, for publicity or 
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1 propaganda purposes, for the preparation, distribution, or 

2 use of any kit, pamphlet, booklet, publication, radio, tele3 vision, or video presentation designed to support or defeat 

4 legislation pending before the Congress or any State legis5 lature, except in presentation to the Congress or any State 

6 legislature itself. 

7 (b) No part of any appropriation contained in this 

8 Act shall be used to pay the salary or expenses of any 

9 grant or contract recipient, or agent acting for such recipi10 ent, related to any activity designed to influence legislation 

11 or appropriations pending before the Congress or any 

12 State legislature. 

13 SEC. 208. The Secretary of Education is authorized 

14 to make available not to exceed $20,000, from funds avail15 able for salaries and expenses under title I for official re16 ception and representation expenses. 

17 SEC. 209. (a) It is the sense of the Congress that, 

18 to the greatest extent practicable, all equipment and prod19 ucts purchased with funds made available in this Act 

20 should be American-made. 

21 (b) In providing financial assistance to, or entering 

22 into any contract with, any entity using funds made avail23 able in this Act, the head of each Federal agency, to the 

24 greatest extent practicable, shall provide to such entity a 
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1 notice describing the statement made in subsection (a) by 

2 the Congress. 

3 (c) If it has been finally determined by a court or 

4 Federal agency that any person intentionally affixed a 

5 label bearing a ‘‘Made in America’’ inscription, or any in6 scription with the same meaning, to any product sold in 

7 or shipped to the United States that is not made in the 

8 United States, the person shall be ineligible to receive any 

9 contract or subcontract made with funds made available 

10 in this Act, pursuant to the debarment, suspension, and 

11 ineligibility procedures described in sections 9.400 through 

12 9.409 of title 48, Code of Federal Regulations. 

13 SEC. 210. When issuing statements, press releases, 

14 requests for proposals, bid solicitations and other docu15 ments describing projects or programs funded in whole or 

16 in part with Federal money, all grantees receiving Federal 

17 funds included in this Act, including but not limited to 

18 State and local governments and recipients of Federal re19 search grants, shall clearly state: 

20 (1) the percentage of the total costs of the pro21 gram or project which will be financed with Federal 

22 money; 

23 (2) the dollar amount of Federal funds for the 

24 project or program; and 
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1 (3) percentage and dollar amount of the total 

2 costs of the project or program that will be financed 

3 by non-governmental sources. 

4 SEC. 211. None of the funds made available in this 

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government, except 

7 pursuant to a transfer made by, or transfer authority pro8 vided in, this Act or any other appropriation Act. 

9 SEC. 212. None of the funds made available by this 

10 Act to carry out part D of title II of the Elementary and 

11 Secondary Education Act of 1965 may be made available 

12 to any elementary or secondary school covered by para13 graph (1) of section 2441(a) of such Act (20 U.S.C. 

14 6777(a)), as amended by the Children’s Internet Protec15 tions Act and the No Child Left Behind Act, unless the 

16 local educational agency with responsibility for such cov17 ered school has made the certifications required by para18 graph (2) of such section. 

19 SEC. 213. To carry out section 105 of the Compact 

20 of Free Association Amendments Act of 2003 (Public Law 

21 108–188), from amounts made available in this Act for 

22 part A of title I of the Elementary and Secondary Edu23 cation Act of 1965, title II of the Workforce Investment 

24 Act of 1998, title I of the Carl D. Perkins Vocational and 

25 Technical Education Act of 1998, and subpart 3 of part 
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1 A, and part C, of title IV of the Higher Education Act 

2 of 1965, an amount equal to amounts made available 

3 under these authorities in division E of the Consolidated 

4 Appropriations Act, 2004 (Public Law 180–199) for the 

5 Republic of the Marshall Islands and the Federated States 

6 of Micronesia shall be transferred to ‘‘School Improvement 

7 Programs, Department of Education’’ to carry out the 

8 Supplemental Education Grants program: Provided, That 

9 within 90 days of enactment of this Act, such amounts 

10 shall be transferred to the Secretary of the Interior for 

11 disbursement to the Republic of Marshall Islands and the 

12 Federated States of Micronesia. 

13 SEC. 214. The Secretary of Education shall not im14 plement or enforce for the award year 2005–2006 any an15 nual update to the allowance for State and other taxes 

16 in the tables used in the Federal need analysis method17 ology to determine a student’s expected family contribu18 tion under part F of title IV of the Higher Education Act 

19 of 1965. 

20 SEC. 215. In addition to amounts otherwise provided 

21 under the heading ‘‘Education for the Disadvantaged’’ to 

22 carry out subpart 2 of part A of title I of the Elementary 

23 and Secondary Education Act of 1965, $233,636,000, 

24 which shall become available on October 1, 2004, and re25 main available through September 30, 2005, for academic 
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1 year 2004–2005 and which shall be allocated, notwith2 standing any other provision of law, to those local edu3 cational agencies that would otherwise receive, under the 

4 Department of Education Appropriations Act, 2004, 

5 smaller allocations under such subpart than they received 

6 for fiscal year 2003: Provided, That the Secretary of Edu7 cation shall use these additional funds to provide each of 

8 those local educational agencies with an allocation for fis9 cal year 2004 that is 100 percent of the amount such local 

10 educational agency received under that subpart for fiscal 

11 year 2003: Provided further, That the Secretary shall rat12 ably reduce the allocations to local educational agencies 

13 under the preceding proviso if the funds available are in14 sufficient to make those allocations in full: Provided fur15 ther, That the additional amounts appropriated under this 

16 section shall not be taken into account in determining 

17 state allocations under any program administered by the 

18 Secretary for any fiscal year. 

19 SEC. 216. In the case of taxpayers with adjusted 

20 gross income in excess of $1,000,000 for calendar year 

21 2004, the amount of the tax reduction resulting from en22 actment of the Jobs and Growth Tax Relief Reconciliation 

23 Act of 2003 (Public Law 108–27) and enactment of the 

24 Economic Growth and Tax Relief Reconciliation Act of 
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1 2001 (Public Law 107–16) shall be reduced by 55.7 per2 cent. 

3 This Act may be cited as the ‘‘Educational Oppor4 tunity for the 21st Century Department of Education Ap5 propriations Act, 2005’’. 

Æ