H. R. 4818—340
That $95,238,000 shall be available to support the activities author-
ized 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 out-
reach 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,
$14,380,795,000, 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 $4,050.
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,
$120,247,000.
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 Edu-
cation Amendments of 1992, the Mutual Educational and Cultural
Exchange Act of 1961, title VIII of the Higher Education Amend-
ments of 1998, and section 117 of the Carl D. Perkins Vocational
and Technical Education Act, $2,134,269,000, 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 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 Voca-
tional and Technical Education Act of 1998: 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
H. R. 4818—341
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 and $1,500,000
shall be used for a contract with the National Research Council
to carry out an independent review of title VI international edu-
cation and foreign language studies and the section 102(b)(6) Ful-
bright-Hays programs: Provided further, That the funds provided
for title II of the HEA shall be allocated notwithstanding section
210 of such Act: Provided further, That $146,360,000 of the funds
for part B of title VII of the Higher Education Act of 1965 shall
be available for the projects and in the amounts specified in the
statement of the managers of the conference report accompanying
this Act.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C. 121 et
seq.), $240,715,000, of which not less than $3,552,000 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 the Education Sciences
Reform Act of 2002, as amended, The National Assessment of
Educational Progress Authorization Act, and section 208 of the
Educational Technical Assistance Act of 2002, $527,453,000: Pro-
vided, That, of the amount appropriated, $190,518,000 shall be
available for obligation until September 30, 2006: Provided further,
That $83,774,000 shall be for research and innovation in special
education authorized under section 177 of the Education Science
Reform Act, as amended: Provided further, That $10,623,000 of
the funds for section 177 of the Act shall be available for the
H. R. 4818—342
projects and in the amounts specified in the statement of the
managers of the conference report accompanying this Act.
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, $423,379,000.
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, $90,248,000.
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, $47,790,000.
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 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. 304. 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 Depart-
ment of Education in this Act may be transferred between appro-
priations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropria-
tions Committees of both Houses of Congress are notified at least
15 days in advance of any transfer.