PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-262 No funds available to the Secretary may be used for (1) the hiring of advertising agencies or other third parties to provide advertising services for student loan programs prior to January 1, 1997, or (2) payment of administrative fees relating to the William D. Ford Direct Loan Program to institutions of higher education. SEC. 305. None of the funds appropriated in this Act may be obligated or expended to carry out section 621(b) of Public Law 101-589. (TRANSFER OF FUNDS) SEC. 306. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act, as amended) which are appropriated for the current fiscal year 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 fifteen days in advance of any transfer. SEC. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)(A)(i)) is amended— (1) in the matter preceding subclause (I), by striking "The Secretary" and all that follows through "greater of—" and inserting the following: "The Secretary, in conjunction with the local educational agency, shall first determine each of the following:"; (2) in each of subclauses (I) through (III), by striking "the average" each place it appears the first time in each such subclause and inserting '"The average"; (3) in subclause (I), by striking the semicolon and inserting a period; (4) in subclause (II), by striking ": or" and inserting a period; and (5) by adding at the end the following: 'The local educational agency shall select one of the amounts determined under subclause (I), (II), or (III) for purposes of the remaining computations under this subparagraph.". (b) Tbe amendments made by subsection (a) shall apply with 20 USC 7703 respect to fiscal years beginning with fiscal year 1995. 'f^ote. SEC. 308. Section 485(e)(9) of the Higher Education Act of 1965 is amended by striking out "June 30" in the second sentence 20 USC 1092. of such section and inserting "August 30". This title may be cited as the "Department of Education Appropriations Act, 1997". 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, $56,204,000, of which $432,000 shall remain available until expended for construction and renovation of the physical plants at the United States Soldiers' and Airmen's Home and the United States Naval Home: Provided, That this appropriation shall not
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