HR 3043 RH1S 
402(b)(7) or 402(b)(12) of the Public Health Service Act 
(42 U.S.C. 282(b)(7), 282(b)(12)) to enter into trans-
actions (other than contracts, cooperative agreements, or 
grants) to carry out research identified pursuant to such 
section 402(b)(7) (pertaining to the Common Fund) or re-
search and activities described in such section 402(b)(12). 
(b) PEER REVIEW.—In entering into transactions 
under subsection (a), the Director of the NIH may utilize 
such peer review procedures (including consultation with 
appropriate scientific experts) as the Director determines 
to be appropriate to obtain assessments of scientific and 
technical merit. Such procedures shall apply to such trans-
actions in lieu of the peer review and advisory council re-
view procedures that would otherwise be required under 
sections 
301(a)(3), 
405(b)(1)(B), 
405(b)(2), 
406(a)(3)(A), 492, and 494 of the Public Health Service 
Act (42 U.S.C. 241(a)(3), 284(b)(1)(B), 284(b)(2), 
284a(a)(3)(A), 289a, and 289c). 
SEC. 216. Funds which are available for Individual 
Learning Accounts for employees of the Centers for Dis-
ease Control and Prevention (‘‘CDC’’) and the Agency for 
Toxic Substances and Disease Registry (‘‘ATSDR)’’ may 
be transferred to ‘‘Disease Control, Research, and Train-
ing’’, to be available only for Individual Learning Ac-
counts: Provided, That such funds may be used for any 
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individual full-time equivalent employee while such em-
ployee is employed either by CDC or ATSDR. 
SEC. 217. The Director of the National Institutes of 
Health shall require that all investigators funded by the 
NIH submit or have submitted for them to the National 
Library of Medicine’s PubMed Central an electronic 
version of their final, peer-reviewed manuscripts upon ac-
ceptance for publication, to be made publicly available no 
later than 12 months after the official date of publication: 
Provided, That the NIH shall implement the public access 
policy in a manner consistent with copyright law. 
SEC. 218. Not to exceed $35,000,000 of funds appro-
priated 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 $2,500,000 per project. 
SEC. 219. None of the funds appropriated in this Act 
may be used to administer to any child under 3 years of 
age an influenza vaccine during the 2008–2009 influenza 
season for which thimerosal is listed on the labeling as 
an ingredient. 
This title may be cited as the ‘‘Department of Health 
and Human Services Appropriations Act, 2008’’. 
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TITLE III—DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For carrying out title I of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’) (20 U.S.C. 
6301 et seq.) and section 418A of the Higher Education 
Act of 1965 (20 U.S.C. 1070d–2), $16,016,318,000, of 
which $7,698,807,000 shall become available on July 1, 
2008, and shall remain available through September 30, 
2009, and of which $8,136,218,000 shall become available 
on October 1, 2008, and shall remain available through 
September 30, 2009 for academic year 2008–2009: Pro-
vided, That $6,808,971,000 shall be for basic grants 
under section 1124 of ESEA (20 U.S.C. 6333): Provided 
further, That up to $4,000,000 of these funds shall be 
available to the Secretary of Education on October 1, 
2007, to obtain annually updated local educational-agen-
cy-level census poverty data from the Bureau of the Cen-
sus: Provided further, That $1,365,031,000 shall be for 
concentration grants under section 1124A of ESEA (20 
U.S.C. 6334): Provided further, That $3,094,562,000 
shall be for targeted grants under section 1125 of ESEA 
(20 U.S.C. 6335): Provided further, That $3,094,260,000 
shall be for education finance incentive grants under sec-
tion 1125A of ESEA (20 U.S.C. 6337): Provided further, 
That $9,330,000 shall be to carry out sections 1501 and 
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1503 of ESEA (20 U.S.C. 6491, 6493): Provided further, 
That $1,634,000 shall be available for a comprehensive 
school reform clearinghouse. 
IMPACT AID 
For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 
7701 
et 
seq.), 
$1,278,453,000, 
of 
which 
$1,140,517,000 shall be for basic support payments under 
section 8003(b) of such Act (20 U.S.C. 7703(b)), 
$49,466,000 shall be for payments for children with dis-
abilities under section 8003(d) of such Act (20 U.S.C. 
7703(d)), $17,820,000 shall be for construction under sec-
tion 8007(a) of such Act (20 U.S.C. 7707(a)), 
$65,700,000 shall be for Federal property payments under 
section 8002 of such Act (20 U.S.C. 7702), and 
$4,950,000, to remain available until expended, shall be 
for facilities maintenance under section 8008 of such Act 
(20 U.S.C. 7708): Provided, That for purposes of com-
puting the amount of a payment for an eligible local edu-
cational agency under section 8003(a) of such Act (20 
U.S.C. 7703(a)) for school year 2007–2008, children en-
rolled 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 
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guardians, or a parent or legal guardian having sole cus-
tody 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) of such Act), are no longer eligible 
under such section, shall be considered as eligible students 
under such section, provided such students remain in aver-
age daily attendance at a school in the same local edu-
cational agency they attended prior to their change in eli-
gibility status. 
SCHOOL IMPROVEMENT PROGRAMS 
For carrying out school improvement activities au-
thorized by title II (20 U.S.C. 6601 et seq.), part B of 
title IV (20 U.S.C. 7171 et seq.), part A of title V (20 
U.S.C. 7201 et seq.) and subparts 6 and 9 of part D of 
title V (20 U.S.C. 7253 et seq., 20 U.S.C. 7259 et seq.), 
part A of title VI (20 U.S.C. 7301 et seq.) and part B 
of title VI (20 U.S.C. 7341 et seq.), and part B of title 
VII (20 U.S.C. 7511 et seq.) and part C of title VII (20 
U.S.C. 7541 et seq.) of the Elementary and Secondary 
Education Act of 1965 (‘‘ESEA’’); the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11301 et seq.); sec-
tion 203 of the Educational Technical Assistance Act of 
2002 (20 U.S.C. 9602); the Compact of Free Association 
Amendments Act of 2003 (48 U.S.C. 1921 et seq.); and 
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the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), 
$5,678,002,000, of which $4,059,441,000 shall become 
available on July 1, 2008, and remain available through 
September 30, 2009, and of which $1,435,000,000 shall 
become available on October 1, 2008, and shall remain 
available through September 30, 2009, for academic year 
2008–2009: Provided, That $411,630,000 shall be for 
State assessments and related activities authorized under 
sections 6111 and 6112 of ESEA (20 U.S.C. 7301, 
7301a): Provided further, That up to 100 percent of the 
funds available to a State educational agency under part 
D of title II of the ESEA (20 U.S.C. 6751 et seq.) may 
be used for subgrants described in section 2412(a)(2)(B) 
of such Act (20 U.S.C. 6762(a)(2)(B)): Provided further, 
That $56,257,000 shall be available to carry out section 
203 of the Educational Technical Assistance Act of 2002: 
Provided further, That $34,376,000 shall be available to 
carry out part D of title V of ESEA: Provided further, 
That no funds appropriated under this heading may be 
used to carry out section 5494 under ESEA (20 U.S.C. 
7259c): Provided further, That $18,001,000 shall be avail-
able to carry out the Supplemental Education Grants pro-
gram for the Federated States of Micronesia and for the 
Republic of the Marshall Islands: Provided further, That 
up to 5 percent of these amounts may be reserved by the 
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Federated States of Micronesia and the Republic of the 
Marshall Islands to administer the Supplemental Edu-
cation Grants programs and to obtain technical assistance, 
oversight, and consultancy services in the administration 
of these grants and to reimburse the United States De-
partments of Labor, Health and Human Services, and 
Education for such services: Provided further, That 
$3,000,000 of the funds available for the Foreign Lan-
guage Assistance Program shall be available for 5-year 
grants to local educational agencies that would work in 
partnership with one or more institutions of higher edu-
cation to establish or expand articulated programs of 
study in languages critical to United States national secu-
rity that will enable successful students to advance from 
elementary school through college to achieve a superior 
level of proficiency in those languages. 
INDIAN EDUCATION 
For expenses necessary to carry out, to the extent 
not otherwise provided, part A of title VII of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 
7401 et seq.), $124,000,000. 
INNOVATION AND IMPROVEMENT 
For carrying out activities authorized by section 1504 
(20 U.S.C. 6494), part G of title I (20 U.S.C. 6531 et 
seq.), subpart 5 of part A of title II (20 U.S.C. 6651) 
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and part C and part D of title II (20 U.S.C. 6671 et seq., 
20 U.S.C. 6751 et seq.), and part B (including subpart 
2), part C, and part D of title V (20 U.S.C. 7221 et seq., 
20 U.S.C. 7231 et seq., and 20 U.S.C. 7241) of the Ele-
mentary 
and 
Secondary 
Education 
Act 
of 
1965 
(‘‘ESEA’’), $992,354,000: Provided, That $10,695,000 
shall be provided to the National Board for Professional 
Teaching Standards to carry out section 2151(c) of ESEA 
(20 U.S.C. 6651(c)): Provided further, That from funds 
for subpart 4 of part C of title II (20 U.S.C. 6721 et 
seq.), up to 3 percent shall be available to the Secretary 
for technical assistance and dissemination of information: 
Provided further, That $258,988,000 shall be available to 
carry out part D of title V of ESEA (20 U.S.C. 7241 
et seq.), of which $99,000,000 of the funds for subpart 
1 shall be for competitive grants to local educational agen-
cies, including charter schools that are local educational 
agencies, or States, or partnerships of (1) a local edu-
cational agency, a State, or both and (2) at least one non- 
profit organization to develop and implement performance- 
based teacher and principal compensation systems in high- 
need schools: Provided further, That such performance- 
based compensation systems must consider gains in stu-
dent academic achievement as well as classroom evalua-
tions conducted multiple times during each school year 
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among other factors and provide educators with incentives 
to take on additional responsibilities and leadership roles: 
Provided further, That up to 5 percent of such funds for 
competitive grants shall be available for technical assist-
ance, training, peer review of applications, program out-
reach, and evaluation activities. 
SAFE SCHOOLS AND CITIZENSHIP EDUCATION 
For carrying out activities authorized by subpart 3 
of part C of title II (20 U.S.C. 6711 et seq.), part A of 
title IV (20 U.S.C. 7101 et seq.), subpart 2 of part D 
of title V (20 U.S.C. 7245), subpart 3 of part D of title 
V (20 U.S.C. 7247), and subpart 10 of part D of title 
V (20 U.S.C. 7261 et seq.) of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’), $714,075,000, 
of which $300,000,000 shall become available on July 1, 
2008, and remain available through September 30, 2009: 
Provided, That $300,000,000 shall be available for sub-
part 1 of part A of title IV of ESEA (20 U.S.C. 7111 
et seq.) and $222,335,000 shall be available for subpart 
2 of part A of title IV of ESEA (20 U.S.C. 7131 et seq.), 
of which $5,000,000, to remain available until expended, 
shall be for the Project School Emergency Response to 
Violence program to provide education-related services to 
local educational agencies, and institutions of higher edu-
cation, in which the learning environment has been dis-
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rupted due to a violent or traumatic crisis: Provided fur-
ther, That $158,422,000 shall be available to carry out 
part D of title V of ESEA (20 U.S.C. 7241 et seq.): Pro-
vided further, That of the funds available to carry out sub-
part 3 of part C of title II of ESEA (20 U.S.C. 6711 
et seq.), up to $12,072,000 may be used to carry out sec-
tion 2345 (20 U.S.C. 6715) and $3,025,000 shall be used 
by the Center for Civic Education to implement a com-
prehensive program to improve public knowledge, under-
standing, and support of the Congress and the State legis-
latures. 
ENGLISH LANGUAGE ACQUISITION 
For carrying out part A of title III of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6811 
et seq.), $774,614,000, which shall become available on 
July 1, 2008, and shall remain available through Sep-
tember 30, 2009, except that 6.5 percent of such amount 
shall be available on October 1, 2007, and shall remain 
available through September 30, 2009, to carry out activi-
ties under section 3111(c)(1)(C) of such Act (20 U.S.C. 
6821(c)(1)(C)). 
SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.), $12,310,831,000, 
of which $5,467,594,000 shall become available on July 
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1, 2008, and shall remain available through September 30, 
2009, and of which $6,641,982,000 shall become available 
on October 1, 2008, and shall remain available through 
September 30, 2009, for academic year 2008–2009: Pro-
vided, That $11,880,000 shall be for the activities author-
ized by section 674(c)(1)(D) of such Act: Provided further, 
That the amount for section 611(b)(2) of such Act (20 
U.S.C. 1411(b)(2)) shall be equal to the lesser of the 
amount available for that activity during fiscal year 2007, 
increased by the amount of inflation as specified in section 
619(d)(2)(B) of such Act (20 U.S.C. 1419(d)(2)(B)) or 
the percentage increase in the funds appropriated under 
section 611(i) of such Act (20 U.S.C. 1411(i)). 
REHABILITATION SERVICES AND DISABILITY RESEARCH 
For carrying out, to the extent not otherwise pro-
vided, the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
seq.), the Assistive Technology Act of 1998 (29 U.S.C. 
3001 et seq.), and the Helen Keller National Center Act 
(29 U.S.C. 1901 et seq.), $3,279,743,000: Provided, That 
$30,452,000 shall be used for carrying out the Assistive 
Technology Act of 1998. 
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SPECIAL INSTITUTIONS FOR PERSONS WITH 
DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879 (20 
U.S.C. 101 et seq.), $17,573,000. 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf 
under titles I and II of the Education of the Deaf Act 
of 1986 (20 U.S.C. 4301 et seq.), $60,757,000, of which 
$1,705,000 shall be for construction and shall remain 
available until expended: Provided, That from the total 
amount available, the Institute may at its discretion use 
funds for the endowment program as authorized under 
section 207 of such Act (20 U.S.C. 4357). 
GALLAUDET UNIVERSITY 
For the Kendall Demonstration Elementary School, 
the Model Secondary School for the Deaf, and the partial 
support of Gallaudet University under titles I and II of 
the Education of the Deaf Act of 1986 (20 U.S.C. 4301 
et seq.), $109,952,000: Provided, That from the total 
amount available, the University may at its discretion use 
funds for the endowment program as authorized under 
section 207 of such Act (20 U.S.C. 4357). 
CAREER, TECHNICAL, AND ADULT EDUCATION 
For carrying out, to the extent not otherwise pro-
vided, the Carl D. Perkins Career and Technical Edu-
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