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gram evaluation, national outreach, and information dis-
semination 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 pur-
suant 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 Histori-
cally Black College and University Capital Financing Pro-
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gram 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 obliga-
tion 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 au-
thorized under section 133(c). 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act, in-
cluding rental of conference rooms in the District of Co-
lumbia 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.
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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 trans-
portation 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 in-
cludes 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 clus-
tering. The prohibition described in this section does not 
include the establishment of magnet schools.
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SEC. 203. No funds appropriated under this Act may 
be used to prevent the implementation of programs of vol-
untary prayer and meditation in the public schools. 
(TRANSFER OF FUNDS) 
SEC. 204. Not to exceed 1 percent of any discre-
tionary 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 Appro-
priations Committees of both Houses of Congress are noti-
fied 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 pro-
vided in this Act: Provided, That such transferred bal-
ances are used for the same purpose, and for the same 
periods of time, for which they were originally appro-
priated. 
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 recog-
nized executive-legislative relationships, for publicity or
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propaganda purposes, for the preparation, distribution, or 
use of any kit, pamphlet, booklet, publication, radio, tele-
vision, or video presentation designed to support or defeat 
legislation pending before the Congress or any State legis-
lature, 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 recipi-
ent, 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 avail-
able for salaries and expenses under title I for official re-
ception and representation expenses. 
SEC. 209. (a) It is the sense of the Congress that, 
to the greatest extent practicable, all equipment and prod-
ucts 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 avail-
able in this Act, the head of each Federal agency, to the 
greatest extent practicable, shall provide to such entity a
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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 in-
scription 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 docu-
ments 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 re-
search grants, shall clearly state: 
(1) the percentage of the total costs of the pro-
gram or project which will be financed with Federal 
money; 
(2) the dollar amount of Federal funds for the 
project or program; and
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(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 in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided 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 para-
graph (1) of section 2441(a) of such Act (20 U.S.C. 
6777(a)), as amended by the Children’s Internet Protec-
tions Act and the No Child Left Behind Act, unless the 
local educational agency with responsibility for such cov-
ered school has made the certifications required by para-
graph (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 Edu-
cation 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
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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 im-
plement or enforce for the award year 2005–2006 any an-
nual update to the allowance for State and other taxes 
in the tables used in the Federal need analysis method-
ology to determine a student’s expected family contribu-
tion 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 re-
main available through September 30, 2005, for academic
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year 2004–2005 and which shall be allocated, notwith-
standing any other provision of law, to those local edu-
cational 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 Edu-
cation shall use these additional funds to provide each of 
those local educational agencies with an allocation for fis-
cal 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 rat-
ably reduce the allocations to local educational agencies 
under the preceding proviso if the funds available are in-
sufficient to make those allocations in full: Provided fur-
ther, 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 en-
actment 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
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2001 (Public Law 107–16) shall be reduced by 55.7 per-
cent. 
This Act may be cited as the ‘‘Educational Oppor-
tunity for the 21st Century Department of Education Ap-
propriations Act, 2005’’. 
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