H. R. 3061—29
VOCATIONAL AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Vocational and Applied Technology Education Act,
the Adult Education and Family Literacy Act, and title VIII–D
of the Higher Education Act of 1965, as amended, and Public
Law 102–73, $1,934,060,000, of which $1,136,560,000 shall become
available on July 1, 2002 and shall remain available through Sep-
tember 30, 2003 and of which $791,000,000 shall become available
on October 1, 2002 and shall remain available through September
30, 2003: Provided, That of the amounts made available for the
Carl D. Perkins Vocational and Applied Technology Education Act,
$6,500,000 shall be for tribally controlled postsecondary vocational
and technical institutions under section 117: 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 Vocational and Applied Technology Education
Act: Provided further, That $9,500,000 shall be for carrying out
section 118 of such Act: Provided further, That of the amounts
made available for the Carl D. Perkins Vocational and Applied
Technology Education Act, $5,000,000 shall be for demonstration
activities authorized by section 207: Provided further, That of the
amount provided for Adult Education State Grants, $70,000,000
shall be made available for integrated English literacy and civics
education services to immigrants and other limited English pro-
ficient 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, $9,500,000 shall
be for national leadership activities under section 243 and
$6,560,000 shall be for the National Institute for Literacy under
section 242: Provided further, That $22,000,000 shall be for Youth
Offender Grants, of which $5,000,000 shall be used in accordance
with section 601 of Public Law 102–73 as that section was in
effect prior to the enactment of Public Law 105–220.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3 and 4 of part A, section 428K,
part C and part E of title IV of the Higher Education Act of
1965, as amended, $12,285,500,000, which shall remain available
through September 30, 2003.
The maximum Pell Grant for which a student shall be eligible
during award year 2002–2003 shall be $4,000.
H. R. 3061—30
FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT
For Federal administrative expenses to carry out guaranteed
student loans authorized by title IV, part B, of the Higher Education
Act of 1965, as amended, $49,636,000.
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, as amended, section 1543 of the Higher Education
Amendments of 1992, title VIII of the Higher Education Amend-
ments of 1998, and the Mutual Educational and Cultural Exchange
Act of 1961, $2,031,048,000, of which $5,000,000 for interest sub-
sidies authorized by section 121 of the Higher Education Act of
1965, shall remain available until expended: Provided, That
$10,000,000, to remain available through September 30, 2003, shall
be available to fund fellowships for academic year 2003–2004 under
part A, subpart 1 of title VII of said Act, under the terms and
conditions of part A, subpart 1: Provided further, That $1,000,000
is for data collection and evaluation activities for programs under
the Higher Education Act of 1965, including such activities needed
to comply with the Government Performance and Results Act of
1993: Provided further, That $17,500,000 shall be available for
tribally controlled colleges and universities under section 316 of
the Higher Education Act of 1965: Provided further, That notwith-
standing any other provision of law, funds made available in this
Act to carry out title VI of the Higher Education Act of 1965,
as amended, 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 inter-
national development: Provided further, That up to one percent
of the funds referred to in the preceding proviso may be used
for program evaluation, national outreach, and information dissemi-
nation activities: Provided further, That $149,722,000 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 on the conference report accompanying
this Act.
HOWARD UNIVERSITY
For partial support of Howard University (20 U.S.C. 121 et
seq.), $237,474,000, of which not less than $3,600,000 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, $762,000 to carry out
activities related to existing facility loans entered into under the
Higher Education Act of 1965.
H. R. 3061—31
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING
PROGRAM ACCOUNT
The total amount of 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, $208,000.
EDUCATION RESEARCH, STATISTICS, AND ASSESSMENT
For carrying out activities authorized by the Educational
Research, Development, Dissemination, and Improvement Act of
1994, including part E; the National Education Statistics Act of
1994, including sections 411 and 412; section 4 of the No Child
Left Behind Act of 2001; and title VI, part A of the Elementary
and Secondary Education Act, $443,870,000: Provided, That
$58,000,000 of the amount available for the national education
research institutes shall be allocated notwithstanding section
912(m)(1)(B–F) and subparagraphs (B) and (C) of section 931(c)(2)
of Public Law 103–227.
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 two passenger
motor vehicles, $424,212,000.
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, $79,934,000.
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, $38,720,000.
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
H. R. 3061—32
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.
SEC. 305. (a) Section 1543(a) of the Higher Education Amend-
ments of 1992 (20 U.S.C. 1070 note) is amended by striking para-
graph (2) and inserting the following:
‘‘(2) AWARD DETERMINATION.—The amount of the financial
assistance provided to an athlete described in paragraph (1)
shall be determined in accordance with criteria, and in
amounts, specified in the application of the center under sub-
section (c). Such assistance shall not exceed the athlete’s cost
of attendance as determined under section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll).
‘‘(3) INFORMATION ON DISTRIBUTION OF ASSISTANCE.—Each
center providing such assistance shall annually report to the
Secretary such information as the Secretary may reasonably
require on the distribution of such assistance among athletes
and institutions of higher education. The Secretary shall com-
pile such reports and submit them to the Committees on Edu-
cation and the Workforce and Appropriations of the House
of Representatives and the Committees on Health, Education,
Labor, and Pensions and Appropriations of the Senate.’’.
(b) The amendments made by subsection (a) shall apply with
respect to any funds appropriated pursuant to section 1543(d) of
the Higher Education Amendments of 1992, including funds appro-
priated pursuant to that section in fiscal years 2000 and 2001,
that are available for financial assistance under section 1543 on
or after the date of enactment of this Act.
SEC. 306. (a) Notwithstanding sections 413D, 442, and 488
of the Higher Education Act of 1965, the Secretary of Education
may reallocate, from funds made available under the heading ‘‘Stu-
dent Financial Assistance’’ to carry out part C of title IV of that
Act, excess allocations for fiscal year 2002 in an amount not to
exceed $1,000,000 in the aggregate to institutions of higher edu-
cation described in subsection (b) for the purposes described in
subsection (c). The reallocation to each such institution shall be
made in accordance with subsection (d). Such excess allocations
shall remain available for obligation until March 31, 2004.