H. R. 2055—300 
Accounts: Provided, That such funds may be used for any individual 
full-time equivalent employee while such employee is employed 
either by CDC or ATSDR. 
SEC. 215. Notwithstanding any other provisions of law, discre-
tionary funds made available in this Act may be used to continue 
operating the Council on Graduate Medical Education established 
by section 301 of Public Law 102–408. 
SEC. 216. Not to exceed $45,000,000 of funds appropriated 
by this Act to the institutes and centers of the National Institutes 
of Health may be used for alteration, repair, or improvement of 
facilities, as necessary for the proper and efficient conduct of the 
activities authorized herein, at not to exceed $3,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 217. Of the amounts made available for NIH, 1 percent 
of the amount made available for National Research Service Awards 
(‘‘NRSA’’) shall be made available to the Administrator of the Health 
Resources and Services Administration to make NRSA awards for 
research in primary medical care to individuals affiliated with 
entities who have received grants or contracts under section 747 
of the PHS Act, and 1 percent of the amount made available 
for NRSA shall be made available to the Director of the Agency 
for Healthcare Research and Quality to make NRSA awards for 
health service research. 
SEC. 218. None of the funds made available in this title may 
be used, in whole or in part, to advocate or promote gun control. 
SEC. 219. None of the funds appropriated or otherwise made 
available in this Act may be expended to advance the creation 
of a Federally Funded Research and Development Center at the 
Centers for Medicare and Medicaid Services, prior to a Federal 
Register notice being issued that outlines: how this proposal would 
meet the specific requirements identified in FAR 35.017–2; agency 
procedures that ensure small business competitiveness is main-
tained; and the outline of a transparent award and governance 
process to be employed. 
SEC. 220. (a) The Secretary shall establish a publicly accessible 
website to provide information regarding the uses of funds made 
available under section 4002 of Public Law 111–148. 
(b) With respect to funds provided for fiscal year 2012, the 
Secretary shall include on the website established under subsection 
(a) at a minimum the following information: 
(1) In the case of each transfer of funds under section 
4002(c), a statement indicating the program or activity receiving 
funds, the operating division or office that will administer the 
funds, and the planned uses of the funds, to be posted not 
later than the day after the transfer is made. 
(2) Identification (along with a link to the full text) of 
each funding opportunity announcement, request for proposals, 
or other announcement or solicitation of proposals for grants, 
cooperative agreements, or contracts intended to be awarded 
using such funds, to be posted not later than the day after 
the announcement or solicitation is issued. 
(3) Identification of each grant, cooperative agreement, or 
contract with a value of $25,000 or more awarded using such 
funds, including the purpose of the award and the identity
H. R. 2055—301 
of the recipient, to be posted not later than 5 days after the 
award is made. 
(4) A report detailing the uses of all funds transferred 
under section 4002(c) during the fiscal year, to be posted not 
later than 90 days after the end of the fiscal year. 
(5) Semi-annual reports from each entity awarded a grant, 
cooperative agreement, or contract from such funds with a 
value of $25,000 or more, summarizing the activities under-
taken and identifying any sub-grants or sub-contracts awarded 
(including the purpose of the award and the identity of the 
recipient), to be posted not later than 30 days after the end 
of each 6-month period. 
SEC. 221. (a) ESTABLISHMENT
OF
NATIONAL
CENTER
FOR 
ADVANCING TRANSLATIONAL SCIENCES; ELIMINATION OF NATIONAL 
CENTER FOR RESEARCH RESOURCES.— 
(1) IN GENERAL.—Subpart 1 of part E of title IV of the 
Public Health Service Act (42 U.S.C. 287 et seq.) is amended— 
(A) in the subpart heading, by striking ‘‘National 
Center for Research Resources’’ and inserting ‘‘National 
Center for Advancing Translational Sciences’’; 
(B) by striking sections 480 and 481; and 
(C) by amending section 479 to read as follows: 
‘‘SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL 
SCIENCES. 
‘‘(a) PURPOSE.—The purpose of the National Center for 
Advancing Translational Sciences (in this subpart referred to as 
the ‘Center’) is to advance translational sciences, including by— 
‘‘(1) coordinating and developing resources that leverage 
basic research in support of translational science; and 
‘‘(2) developing partnerships and working cooperatively to 
foster synergy in ways that do not create duplication, redun-
dancy, and competition with industry activities. 
‘‘(b) CLINICAL TRIAL ACTIVITIES.— 
‘‘(1) IN GENERAL.—The Center may develop and provide 
infrastructure and resources for all phases of clinical trials 
research. Except as provided in paragraph (2), the Center may 
support clinical trials only through the end of phase IIA. 
‘‘(2) EXCEPTION.—The Center may support clinical trial 
activities through the end of phase IIB for a treatment for 
a rare disease or condition (as defined in section 526 of the 
Federal Food, Drug, and Cosmetic Act) so long as— 
‘‘(A) the Center gives public notice for a period of 
at least 120 days of the Center’s intention to support the 
clinical trial activities in phase IIB; 
‘‘(B) no public or private organization provides credible 
written intent to the Center that the organization has 
timely plans to further the clinical trial activities or conduct 
clinical trials of a similar nature beyond phase IIA; and 
‘‘(C) the Center ensures that support of the clinical 
trial activities in phase IIB will not increase the Federal 
Government’s liability beyond the award value of the Cen-
ter’s support. 
‘‘(c) ANNUAL REPORT.—The Center shall publish an annual 
report that, with respect to all research supported by the Center, 
includes a complete list of— 
‘‘(1) the molecules being studied;
H. R. 2055—302 
‘‘(2) clinical trial activities being conducted; 
‘‘(3) the methods and tools in development; 
‘‘(4) ongoing partnerships, including— 
‘‘(A) the rationale for each partnership; 
‘‘(B) the status of each partnership; 
‘‘(C) the funding provided by the Center to other enti-
ties pursuant to each partnership, and 
‘‘(D) the activities which have been transferred to 
industry pursuant to each partnership; and 
‘‘(5) known research activity of other entities that is or 
will expand upon research activity of the Center.’’. 
(2) LIST OF INSTITUTES AND CENTERS.—Section 401(b)(21) 
of the Public Health Service Act (42 U.S.C. 281(b)(21)) is 
amended by striking ‘‘National Center for Research Resources’’ 
and inserting ‘‘National Center for Advancing Translational 
Sciences’’. 
(b) ASSIGNMENT OF CERTAIN FUNCTIONS OF FORMER NATIONAL 
CENTER FOR RESEARCH RESOURCES.— 
(1) BIOMEDICAL AND BEHAVIORAL RESEARCH FACILITIES.— 
Section 481A of the Public Health Service Act (42 U.S.C. 287a– 
2)— 
(A) is redesignated as section 404I and is moved to 
follow section 404H of such Act (42 U.S.C. 283j); and 
(B) is amended— 
(i) in subsection (a)(1), by striking ‘‘acting through 
the Director of the Center or the Director of the 
National Institute of Allergy and Infectious Diseases’’ 
and inserting ‘‘acting through the Office of the Director 
of NIH or the Director of the National Institute of 
Allergy and Infectious Diseases’’; 
(ii) in subsections (c), (d), (e), and (f)(2), by striking 
‘‘Director of the Center or the Director of the National 
Institute of Allergy and Infectious Diseases’’ each place 
it appears and inserting ‘‘Director of NIH, acting 
through the Office of the Director of NIH or the 
National Institute of Allergy and Infectious Diseases,’’; 
(iii) in subsection (b)(2), by striking ‘‘Director of 
the Center’’ each place it appears and inserting 
‘‘Director of NIH’’; 
(iv) in subsections (b)(3)(A), (f)(1), and (g), by 
striking the comma at the end of ‘‘Director of the 
Center,’’ each place it appears; 
(v) by striking ‘‘Director of the Center’’ each place 
it appears and inserting ‘‘Director of NIH, acting 
through the Office of the Director of NIH,’’; 
(vi) in subsection (b)— 
(I) in paragraph (1)(A), by striking ‘‘within 
the Center’’; and 
(II) in paragraph (2)— 
(aa) in subparagraph (A), by striking ‘‘and 
the advisory council established under section 
480 (in this section referred to as the ‘Advisory 
Council’)’’ and inserting ‘‘and the Council of 
Councils established under section 402(l) (in 
this section referred to as the ‘Council’)’’; and
H. R. 2055—303 
(bb) in subparagraphs (B), (C), and (D), 
by striking ‘‘Advisory’’ each place it appears; 
and 
(vii) in subsection (g), by striking ‘‘after consulta-
tion with the Advisory Council’’ and inserting ‘‘after 
consultation with the Council’’. 
(2) CONSTRUCTION OF REGIONAL CENTERS FOR RESEARCH 
ON PRIMATES.—Section 481B of the Public Health Service Act 
(42 U.S.C. 287a–3)— 
(A) is redesignated as section 404J and is moved to 
follow section 404I, as redesignated by paragraph (1); and 
(B) in subsection (a), is amended— 
(i) by striking ‘‘by the National Center for Research 
Resources’’ and inserting ‘‘by the Director of NIH, 
acting through the Office of the Director of NIH,’’; 
and 
(ii) by striking ‘‘481A’’ and inserting ‘‘404I’’. 
(3) SANCTUARY SYSTEM FOR SURPLUS CHIMPANZEES.—Sec-
tion 481C of the Public Health Service Act (42 U.S.C. 287a– 
3a)— 
(A) is redesignated as section 404K and is moved to 
follow section 404J, as redesignated by paragraph (2); and 
(B) in subsection (d)(4)(A)(ii), is amended by striking 
‘‘that is carried out by the National Center for Research 
Resources’’ and inserting ‘‘that is carried out by the Director 
of NIH, acting through the Office of the Director of NIH,’’. 
(4) SHARED
INSTRUMENTATION
GRANT
PROGRAM.—Section 
305 of the Public Health Improvement Act (42 U.S.C. 287 
note)— 
(A) is redesignated as section 404L of the Public Health 
Service Act and is moved to follow section 404K of that 
Act, as redesignated by paragraph (3); and 
(B) is amended— 
(i) by striking subsection (a) and redesignating 
subsections (b) and (c) as subsections (a) and (b), 
respectively; 
(ii) in subsection (a), as so redesignated, by striking 
‘‘under the program described in subsection (a)’’ and 
inserting ‘‘under the Shared Instrumentation Grant 
Program’’; 
(iii) by striking ‘‘Director of the National Center 
for Research Resources’’ each place it appears and 
inserting ‘‘Director of NIH, acting through the Office 
of the Director of NIH,’’; and 
(iv) in subsection (b), as so redesignated— 
(I) by striking ‘‘in subsection (a)’’ and inserting 
‘‘in subsection (a), the’’; and 
(II) by striking ‘‘of the Public Health Service 
Act (42 U.S.C. 289a)’’. 
(5) INSTITUTIONAL DEVELOPMENT AWARD PROGRAM.—Title 
IV of the Public Health Service Act (42 U.S.C. 281 et seq.) 
is amended— 
(A) in section 461, by striking the section heading 
and designation and all that follows through ‘‘The general 
purpose’’ and inserting the following:
H. R. 2055—304 
‘‘SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES. 
‘‘(a) GENERAL PURPOSE.—The general purpose’’; 
(B) by moving subsection (g) of section 402 to the 
end of section 461, as amended, and redesignating that 
subsection as subsection (b); and 
(C) in section 461(b), as so redesignated— 
(i) by striking ‘‘(b)(1)(A) In the case of’’ and 
inserting the following: 
‘‘(b) INSTITUTIONAL DEVELOPMENT AWARD PROGRAM.— 
‘‘(1)(A) In the case of’’; 
(ii) by moving two ems to the right— 
(I) subparagraphs (B) and (C) of paragraph 
(1); 
(II) clauses (i), (ii), and (iii) of such subpara-
graph (C); and 
(III) paragraph (2); and 
(iii) in paragraph (1)(A), by striking ‘‘acting 
through the Director of the National Center for 
Research Resources’’ and inserting ‘‘acting through the 
Director of the National Institute of General Medical 
Sciences’’. 
(c) ASSIGNMENT
OF
CERTAIN
OFFICES
AND
FUNCTIONS
TO 
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES.— 
(1) CURES ACCELERATION NETWORK.—Section 402C of the 
Public Health Service Act (42 U.S.C. 282d)— 
(A) is redesignated as section 480 and is moved to 
follow section 479; 
(B) in subsection (b), is amended in the matter that 
precedes paragraph (1) by striking ‘‘within the Office of 
the Director of NIH’’ and inserting ‘‘within the Center’’; 
(C) by striking ‘‘Director of NIH’’ each place it appears 
and inserting ‘‘Director of the Center’’; and 
(D) in the headings of subsections (d)(4) and (d)(4)(B), 
by striking ‘‘DIRECTOR OF NIH’’ each place it appears and 
inserting ‘‘DIRECTOR OF THE CENTER’’. 
(2) OFFICE OF RARE DISEASES.—Title IV of the Public Health 
Service Act (42 U.S.C. 281 et seq.) is amended— 
(A) in section 404F— 
(i) by redesignating such section as section 481 
and moving such section to follow section 480, as 
redesignated by paragraph (1); 
(ii) in subsection (a)— 
(I) by striking ‘‘within the Office of the Director 
of NIH’’ and inserting ‘‘within the Center’’; and 
(II) by striking ‘‘Director of NIH’’ and inserting 
‘‘Director of the Center’’; and 
(iii) in subsection (b)(1)(C), by striking ‘‘404G’’ and 
inserting ‘‘481A’’; and 
(B) in section 401(c)(2)(A), by striking ‘‘the Office of 
Rare Diseases,’’. 
(3) RARE
DISEASE
REGIONAL
CENTERS
OF
EXCELLENCE.— 
Section 404G of the Public Health Service Act (42 U.S.C. 283i) 
is redesignated as section 481A and is moved to follow section 
481, as redesignated by paragraph (2). 
(4) GENERAL CLINICAL RESEARCH CENTERS.—Section 481D 
of the Public Health Service Act (42 U.S.C. 287a–4)— 
(A) is redesignated as section 481B; and
H. R. 2055—305 
(B) in subsection (a), is amended by striking ‘‘Director 
of the National Center for Research Resources’’ and 
inserting ‘‘Director of the Center’’. 
(d) CONFORMING AMENDMENTS.—Title IV of the Public Health 
Service Act (42 U.S.C. 281 et seq.) is amended— 
(1) in section 402(b)(24) (42 U.S.C. 282(b)(24)), by striking 
‘‘402C’’ and inserting ‘‘480’’; 
(2) in section 404C(e)(3)(A) (42 U.S.C. 283e(e)(3)(A)), by 
striking ‘‘and the Director of the Center for Research 
Resources’’; 
(3) in section 464z–3(i)(1) (42 U.S.C. 285t(i)(1))— 
(A) by striking ‘‘Director of National Institute for 
Research Resources’’ and inserting ‘‘Director of NIH’’; 
(B) by striking ‘‘481(c)(3)’’ and inserting ‘‘404I(c)(2)’’; 
and 
(C) by inserting ‘‘under such section’’ after ‘‘Institutions 
of Emerging Excellence’’; 
(4) in section 499(c)(1)(E) (42 U.S.C. 290b(c)(1)(E)), by 
striking ‘‘section 402C’’ and inserting ‘‘section 480’’. 
SEC. 222. The discretionary appropriation for CDC is hereby 
reduced by $20,000,000: Provided, That the reduction should be 
taken from contracting and administrative costs in each of the 
CDC accounts. 
This title may be cited as the ‘‘Department of Health and 
Human Services Appropriations Act, 2012’’. 
TITLE III 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For carrying out title I of the Elementary and Secondary Edu-
cation Act of 1965 (referred to in this Act as ‘‘ESEA’’) and section 
418A of the Higher Education Act of 1965 (referred to in this 
Act as ‘‘HEA’’), $15,750,983,000, of which $4,817,117,000 shall 
become available on July 1, 2012, and shall remain available 
through September 30, 2013, and of which $10,841,177,000 shall 
become available on October 1, 2012, and shall remain available 
through September 30, 2013, for academic year 2012–2013: Pro-
vided, That $6,584,750,000 shall be for basic grants under section 
1124 of the ESEA: Provided further, That up to $3,992,000 of 
these funds shall be available to the Secretary of Education (referred 
to in this title as ‘‘Secretary’’) on October 1, 2011, to obtain annually 
updated local educational agency-level census poverty data from 
the Bureau of the Census: Provided further, That $1,362,301,000 
shall be for concentration grants under section 1124A of the ESEA: 
Provided further, That $3,288,183,000 shall be for targeted grants 
under section 1125 of the ESEA: Provided further, That 
$3,288,183,000 shall be for education finance incentive grants under 
section 1125A of the ESEA: Provided further, That $3,200,000 shall 
be to carry out sections 1501 and 1503 of the ESEA: Provided 
further, That $534,562,000 shall be available for school improve-
ment grants under section 1003(g) of the ESEA, which shall be 
allocated by the Secretary through the formula described in section 
1003(g)(2) and shall be used consistent with the requirements of 
section 1003(g), except that State and local educational agencies
H. R. 2055—306 
may use such funds to serve any school eligible to receive assistance 
under part A of title I that has not made adequate yearly progress 
for at least 2 years or is in the State’s lowest quintile of performance 
based on proficiency rates and, in the case of secondary schools, 
priority shall be given to those schools with graduation rates below 
60 percent: Provided further, That notwithstanding section 
1003(g)(5)(A), each State educational agency may establish a max-
imum subgrant size of not more than $2,000,000 for each partici-
pating school applicable to such funds: Provided further, That the 
Secretary may reserve up to 5 percent of the funds available for 
section 1003(g) of the ESEA to carry out activities to build State 
and local educational agency capacity to implement effectively the 
school improvement grants program: Provided further, That 
$160,000,000 shall be available under section 1502 of the ESEA 
for a comprehensive literacy development and education program 
to advance literacy skills, including pre-literacy skills, reading, and 
writing, for students from birth through grade 12, including limited- 
English-proficient students and students with disabilities, of which 
one-half of 1 percent shall be reserved for the Secretary of the 
Interior for such a program at schools funded by the Bureau of 
Indian Education, one-half of 1 percent shall be reserved for grants 
to the outlying areas for such a program, up to 5 percent may 
be reserved for national activities, and the remainder shall be 
used to award competitive grants to State educational agencies 
for such a program, of which a State educational agency may 
reserve up to 5 percent for State leadership activities, including 
technical assistance and training, data collection, reporting, and 
administration, and shall subgrant not less than 95 percent to 
local educational agencies or, in the case of early literacy, to local 
educational agencies or other nonprofit providers of early childhood 
education that partner with a public or private nonprofit organiza-
tion or agency with a demonstrated record of effectiveness in 
improving the early literacy development of children from birth 
through kindergarten entry and in providing professional develop-
ment in early literacy, giving priority to such agencies or other 
entities serving greater numbers or percentages of disadvantaged 
children: Provided further, That the State educational agency shall 
ensure that at least 15 percent of the subgranted funds are used 
to serve children from birth through age 5, 40 percent are used 
to serve students in kindergarten through grade 5, and 40 percent 
are used to serve students in middle and high school including 
an equitable distribution of funds between middle and high schools: 
Provided further, That eligible entities receiving subgrants from 
State educational agencies shall use such funds for services and 
activities that have the characteristics of effective literacy instruc-
tion through professional development, screening and assessment, 
targeted interventions for students reading below grade level and 
other research-based methods of improving classroom instruction 
and practice. 
IMPACT AID 
For carrying out programs of financial assistance to federally 
affected 
schools 
authorized 
by 
title 
VIII 
of 
the 
ESEA, 
$1,293,631,000, of which $1,155,724,000 shall be for basic support 
payments under section 8003(b), $48,505,000 shall be for payments 
for children with disabilities under section 8003(d), $17,474,000
H. R. 2055—307 
shall be for construction under section 8007(b) and shall remain 
available through September 30, 2013, $67,074,000 shall be for 
Federal property payments under section 8002, and $4,854,000, 
to remain available until expended, shall be for facilities mainte-
nance under section 8008: Provided, That for purposes of computing 
the amount of a payment for an eligible local educational agency 
under section 8003(a) for school year 2011–2012, children enrolled 
in a school of such agency that would otherwise be eligible for 
payment under section 8003(a)(1)(B) of such Act, but due to the 
deployment of both parents or legal guardians, or a parent or 
legal guardian having sole custody of such children, or due to 
the death of a military parent or legal guardian while on active 
duty (so long as such children reside on Federal property as 
described in section 8003(a)(1)(B)), are no longer eligible under 
such section, shall be considered as eligible students under such 
section, provided such students remain in average daily attendance 
at a school in the same local educational agency they attended 
prior to their change in eligibility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities authorized by 
parts A and B of title II, part B of title IV, parts A and B of 
title VI, and parts B and C of title VII of the ESEA; the McKinney- 
Vento Homeless Assistance Act; section 203 of the Educational 
Technical Assistance Act of 2002; the Compact of Free Association 
Amendments Act of 2003; and the Civil Rights Act of 1964, 
$4,550,018,000, of which $2,725,246,000 shall become available on 
July 1, 2012, and remain available through September 30, 2013, 
and of which $1,681,441,000 shall become available on October 
1, 2012, and shall remain available through September 30, 2013, 
for academic year 2012–2013: Provided, That funds made available 
to carry out part B of title VII of the ESEA may be used for 
construction, renovation, and modernization of any elementary 
school, secondary school, or structure related to an elementary 
school or secondary school, run by the Department of Education 
of the State of Hawaii, that serves a predominantly Native 
Hawaiian student body: Provided further, That funds made avail-
able to carry out part C of title VII of the ESEA shall be awarded 
on a competitive basis, and also may be used for construction: 
Provided further, That $51,210,000 shall be available to carry out 
section 203 of the Educational Technical Assistance Act of 2002: 
Provided further, That $17,652,000 shall be available to carry out 
the Supplemental Education Grants program for the Federated 
States of Micronesia and the Republic of the Marshall Islands: 
Provided further, That up to 5 percent of these amounts may 
be reserved by the Federated States of Micronesia and the Republic 
of the Marshall Islands to administer the Supplemental Education 
Grants programs and to obtain technical assistance, oversight and 
consultancy services in the administration of these grants and 
to reimburse the United States Departments of Labor, Health and 
Human Services, and Education for such services: Provided further, 
That up to 1.5 percent of the funds for subpart 1 of part A of 
title II of the ESEA shall be reserved by the Secretary for competi-
tive awards for teacher or principal training or professional 
enhancement activities to national not-for-profit organizations.
H. R. 2055—308 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the ESEA, $131,027,000. 
INNOVATION AND IMPROVEMENT 
For carrying out activities authorized by part G of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, 
and D of title V of the ESEA, and sections 14006 and 14007 
of division A of the American Recovery and Reinvestment Act 
of 2009, as amended, $1,530,429,000: Provided, That the Secretary 
may use up to $550,000,000, which shall remain available for obliga-
tion through December 31, 2012, for section 14006 of division A 
of Public Law 111–5, as amended, to make awards (including on 
the basis of previously submitted applications) to States or to local 
educational agencies, or both, in accordance with the applicable 
requirements of that section, as determined by the Secretary, and 
may use up to 5 percent of such funds for technical assistance 
and evaluation of the activities carried out under that section: 
Provided further, That up to $149,700,000 shall be available for 
obligation through December 31, 2012 for section 14007 of division 
A of Public Law 111–5, and up to 5 percent of such funds may 
be used for technical assistance and the evaluation of activities 
carried out under such section: Provided further, That $300,000,000 
of the funds for subpart 1 of part D of title V of the ESEA shall 
be for competitive grants to local educational agencies, including 
charter schools that are local educational agencies, or States, or 
partnerships of: (1) a local educational agency, a State, or both; 
and (2) at least one nonprofit organization to develop and implement 
performance-based compensation systems for teachers, principals, 
and other personnel in high-need schools: Provided further, That 
such performance-based compensation systems must consider gains 
in student academic achievement as well as classroom evaluations 
conducted multiple times during each school year among other 
factors and provide educators with incentives to take on additional 
responsibilities and leadership roles: Provided further, That recipi-
ents of such grants shall demonstrate that such performance-based 
compensation systems are developed with the input of teachers 
and school leaders in the schools and local educational agencies 
to be served by the grant: Provided further, That recipients of 
such grants may use such funds to develop or improve systems 
and tools (which may be developed and used for the entire local 
educational agency or only for schools served under the grant) 
that would enhance the quality and success of the compensation 
system, such as high-quality teacher evaluations and tools to 
measure growth in student achievement: Provided further, That 
applications for such grants shall include a plan to sustain finan-
cially the activities conducted and systems developed under the 
grant once the grant period has expired: Provided further, That 
up to 5 percent of such funds for competitive grants shall be 
available for technical assistance, training, peer review of applica-
tions, program outreach, and evaluation activities: Provided further, 
That of the funds available for part B of title V of the ESEA, 
the Secretary shall use not less than $23,000,000 to carry out 
activities under section 5205(b) and under subpart 2: Provided 
further, That of the funds available for subpart 1 of part B of 
title V of the ESEA, and notwithstanding section 5205(a), the