H. R. 3288—235 
STUDENT AID ADMINISTRATION 
For Federal administrative expenses to carry out part D of 
title I, and subparts 1, 3, 4, and 9 of part A, and parts B, C, 
D, and E of title IV of the Higher Education Act of 1965, 
$870,402,000, which shall remain available until expended. 
HIGHER EDUCATION 
For carrying out, to the extent not otherwise provided, titles 
II, III, IV, V, VI, VII, and VIII of the Higher Education Act of 
1965 (‘‘HEA’’), section 1543 of the Higher Education Amendments 
of 1992, the Mutual Educational and Cultural Exchange Act of 
1961, title VIII of the Higher Education Amendments of 1998, 
part I of subtitle A of title VI of the America COMPETES Act, 
and section 117 of the Carl D. Perkins Career and Technical Edu-
cation Act of 2006, $2,255,665,000: Provided, That $9,687,000, to 
remain available through September 30, 2011, shall be available 
to fund fellowships for academic year 2011–2012 under subpart 
1 of part A of title VII of the HEA, under the terms and conditions 
of such subpart 1: Provided further, That $609,000 shall be for 
data collection and evaluation activities for programs under the 
HEA, including such activities needed to comply with the Govern-
ment 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 of the funds referred to in the preceding proviso up to 1 
percent may be used for program evaluation, national outreach, 
and information dissemination activities: Provided further, That 
notwithstanding any other provision of law, a recipient of a multi- 
year award under section 316 of the HEA, as that section was 
in effect prior to the date of enactment of the Higher Education 
Opportunity Act (‘‘HEOA’’), that would have otherwise received 
a continuation award for fiscal year 2010 under that section, shall 
receive under section 316, as amended by the HEOA, not less 
than the amount that such recipient would have received under 
such a continuation award: Provided further, That the portion of 
the funds received under section 316 by a recipient described in 
the preceding proviso that is equal to the amount of such continu-
ation award shall be used in accordance with the terms of such 
continuation award: Provided further, That $1,500,000, to remain 
available until expended, shall be available to carry out a scholar-
ship program for the purpose of increasing the skilled workforce 
for industrial health and safety occupations, including mine safety: 
Provided further, That the Secretary of Education shall identify 
these scholarships as ‘‘Erma Byrd Scholarships’’: Provided further, 
That such scholarships shall be awarded without regard to an 
applicant’s prior work experience, but the Secretary shall, notwith-
standing section 437 of the General Education Provisions Act and 
5 U.S.C. 553, by notice in the Federal Register, establish the eligi-
bility requirements, service obligations, payback requirements, and
H. R. 3288—236 
other program requirements similar to those specified in section 
515 of the Federal Mine Safety and Health Act as are necessary 
to implement such a program: Provided further, That such scholar-
ship funds may be used to replace a student’s expected family 
contribution, but institutions accepting such scholarship funds may 
not use these funds to supplant existing institutional aid: Provided 
further, That the Secretary shall be authorized to accept contribu-
tions for such scholarships from private sources: Provided further, 
That these funds shall be used for scholarships for academic year 
2010–2011 and may be available for scholarships in academic year 
2011–2012: Provided further, That $101,507,000 shall be used for 
the projects, and in the amounts, specified under the heading 
‘‘Higher Education’’ in the statement of the managers on the con-
ference report accompanying this Act: provided further, That 
$17,750,000 shall be used for the programs specified under the 
‘‘Fund for the Improvement of Post Secondary Education’’ in the 
statement of the managers in accordance with the specified sections. 
HOWARD UNIVERSITY 
For partial support of Howard University, $234,977,000, of 
which not less than $3,600,000 shall be for a matching endowment 
grant pursuant to the Howard University Endowment Act and 
shall remain available until expended. 
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM 
For Federal administrative expenses to carry out activities 
related to existing facility loans pursuant to section 121 of the 
Higher Education Act of 1965, $461,000. 
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL 
FINANCING PROGRAM ACCOUNT 
For the cost of guaranteed loans, $20,228,000, as authorized 
pursuant to part D of title III of the Higher Education Act of 
1965 (‘‘HEA’’): Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That these 
funds are available to subsidize total loan principal, any part of 
which is to be guaranteed, not to exceed $178,221,000. 
In addition, for administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Program 
entered into pursuant to part D of title III of the HEA, $354,000. 
INSTITUTE OF EDUCATION SCIENCES 
For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational 
Progress Authorization Act, section 208 of the Educational Technical 
Assistance Act of 2002, and section 664 of the Individuals with 
Disabilities Education Act, $659,006,000, of which $588,356,000 
shall be available through September 30, 2011: Provided, That 
funds available to carry out section 208 of the Educational Technical 
Assistance Act may be used for Statewide data systems that include 
postsecondary and workforce information and information on chil-
dren of all ages: Provided further, That up to $10,000,000 of the 
funds available to carry out section 208 of the Educational Technical
H. R. 3288—237 
Assistance Act may be used for State data coordinators and for 
awards to public or private organizations or agencies to improve 
data coordination, quality, and use. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of con-
ference rooms in the District of Columbia and hire of three pas-
senger motor vehicles, $456,200,000, of which $8,200,000, to remain 
available until expended, shall be for relocation of, and renovation 
of buildings occupied by, Department staff. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, as author-
ized by section 203 of the Department of Education Organization 
Act, $103,024,000. 
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, $60,053,000. 
GENERAL PROVISIONS 
SEC. 301. 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. 302. 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. 303. No funds appropriated in this Act may be used 
to prevent the implementation of programs of voluntary prayer 
and meditation in the public schools. 
(TRANSFER OF FUNDS) 
SEC. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985) which are appropriated for the Department of Edu-
cation in this Act may be transferred between appropriations, but
H. R. 3288—238 
no such appropriation shall be increased by more than 3 percent 
by any such transfer: Provided, That the transfer authority granted 
by this section shall be available only to meet emergency needs 
and shall not be used to create any new program or to fund 
any project or activity for which no funds are provided in this 
Act: Provided further, That the Committees on Appropriations of 
the House of Representatives and the Senate are notified at least 
15 days in advance of any transfer. 
SEC. 305. The Outlying Areas may consolidate funds received 
under this Act, pursuant to 48 U.S.C. 1469a, under part A of 
title V of the Elementary and Secondary Education Act. 
SEC. 306. None of the funds made available in the sixth proviso 
under the heading ‘‘Innovation and Improvement’’ in this Act shall 
be made available for new awards under the Teacher Incentive 
Fund prior to the submission of an impact evaluation plan to 
the Committees on Appropriations of the House of Representatives 
and the Senate. 
SEC. 307. Section 14007 of division A of the American Recovery 
and Reinvestment Act of 2009 is amended— 
(1) by amending subsection (a)(3) to read as follows: 
‘‘(3) PURPOSE
OF
AWARDS.—The Secretary shall make 
awards to eligible entities in order to identify, document, and 
bring to scale innovative best practices based on demonstrated 
success, to allow such eligible entities to— 
‘‘(A) expand their work and serve as models for best 
practices; and 
‘‘(B) work in partnership with the private sector and 
the philanthropic community.’’; 
(2) in subsection (b)— 
(A) by redesignating paragraphs (1) through (4) as 
paragraphs (1)(A), (1)(B), (2), and (3), respectively; 
(B) in paragraph (1)(A), as so redesignated, by inserting 
‘‘or’’ after the semicolon; 
(C) by amending paragraph (1)(B), as so redesignated, 
to read as follows: 
‘‘(B) have demonstrated success in significantly increasing 
student academic achievement for all groups of students 
described in such section;’’; and 
(D) in paragraph (3), as so redesignated, by striking 
‘‘they have established partnerships’’ and inserting ‘‘it has 
established one or more partnerships’’; 
(3) in subsection (c), by striking ‘‘paragraphs’’ and all that 
follows through ‘‘such requirements’’ and inserting ‘‘paragraphs 
(1)(A) or (1)(B) and (2) of subsection (b) if the nonprofit 
organization has a record of significantly improving student 
achievement, attainment, or retention and shall be considered 
to have met the requirements of subsection (b)(3) if it dem-
onstrates that it will meet the requirement relating to private- 
sector matching’’; and 
(4) by adding at the end a new subsection (d) to read 
as follows: 
‘‘(d) SUBGRANTS.—In the case of an eligible entity that is a 
partnership described in subsection (a)(1)(B), the partner serving 
as the fiscal agent may make subgrants to one or more of the 
other entities in the partnership.’’.