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 September 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 proficient 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 10year 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 20 USC 1070a during award year 2002-2003 shall be $4,000. note. 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 Amendments of 1998, and the Mutual Educational and Cultural Exchange Act of 1961, $2,031,048,000, of which $5,000,000 for interest subsidies 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 notwithstanding 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 international 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 dissemination 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. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING 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 conference 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 authorized 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 Busing. SEC. 301. No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase Desegregation. 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 Busing. used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the School prayer. Notification. Reports. Applicability. 20 USC 1070 note. 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 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 Appropriations 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 Amendments of 1992 (20 U.S.C. 1070 note) is amended by striking paragraph (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 subsection (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. 108711). "(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 compile such reports and submit them to the Committees on Education 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 appropriated 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 "Student 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 education 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. (b) An institution of higher education may receive a reallocation under subsection (a) if the institution (1) is, on the date of enactment of this Act, participating in the Federal Supplemental Educational Opportunity Grant and Federal Work Study programs under subpart 3 of part A, and part C of title IV of that Act, respectively; (2) initially began participating in both such programs during or after 1989, but not later than 1999; (3) has a current enrollment of not less than 2,000 students; (4) provides educational programs for which the institution awards baccalaureate and graduate degrees; (5) has experienced an actual enrollment increase of 75 percent or more since the institution began participating in such programs; and (6) charged, for academic year 2000-2001, in-State tuition and fees for a full-time undergraduate student that were less than such tuition and fees charged by the institution for academic year 1998-1999. (c) An institution of higher education that receives a reallocation under subsection (a) may use that reallocation for Federal Supplemental Educational Opportunity Grants or Federal Work Study awards. (d)(1) A reallocation made under subsection (a) to an institution described in subsection (b) shall be determined by calculating the difference between (A) the amount (commonly referred to as the "base guarantee") that the institution received under section 413D(a) or 442(a) of that Act, as the case may be; and (B) the amount that the institution would receive pursuant to section 413D(a)(2)(B)(ii) or 442(a)(2)(B)(ii) of that Act, as the case may be, if the institution were beginning its program participation in the 2002-2003 academic year. (2) If the amounts available for reallocation under subsection (a) are insufficient to fully fund the amounts determined under paragraph (1) of this subsection to each institution described in subsection (b), then the amount to be reallocated to each such institution shall be ratably reduced. (e) The Secretary may use such data as he determines appropriate in order to carry out this section. SEC. 307. If this Act is enacted before H.R. 1, the No Child Left Behind Act of 2001, is enacted, then references to the Elementary and Secondary Education Act of 1965 or to any other Acts that would be amended by H.R. 1 shall be read to be references to those Acts as they would be amended by H.R. 1 (including amendments made by H. Con. Res. 289, as passed by the House and the Senate). This title may be cited as the "Department of Education Appropriations Act, 2002". TITLE IV-RELATED AGENCIES ARMED FORCES RETIREMENT HOME For expenses necessary for the Armed Forces Retirement Home to operate and maintain the United States Soldiers' and Airmen's Home and the United States Naval Home, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, |