HR 3043 PP 
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 
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. 
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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’’. 
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 (re-
duced by $46,500,000), of which $7,698,807,000 (reduced 
by $46,500,000) 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 Sep-
tember 30, 2009 for academic year 2008–2009: Provided, 
That $6,808,971,000 shall be for basic grants under sec-
tion 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 ob-
tain annually updated local educational-agency-level cen-
sus poverty data from the Bureau of the Census: Provided 
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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 tar-
geted 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 section 1125A of 
ESEA
(20
U.S.C.
6337):
Provided
further,
That 
$9,330,000 shall be to carry out sections 1501 and 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 
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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 
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 
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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 
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 
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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 
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. 
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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) 
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-
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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 
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 
(increased by $46,500,000), of which $300,000,000 (in-
creased by $46,500,000) shall become available on July 
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1, 2008, and remain available through September 30, 
2009:
Provided,
That
$300,000,000
(increased
by 
$46,500,000) shall be available for subpart 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 edu-
cational agencies, and institutions of higher education, in 
which the learning environment has been disrupted due 
to a violent or traumatic crisis: Provided further, That 
$158,422,000 shall be available to carry out part D of 
title V of ESEA (20 U.S.C. 7241 et seq.): Provided fur-
ther, That of the funds available to carry out subpart 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 section 2345 
(20 U.S.C. 6715) and $3,025,000 shall be used by the 
Center for Civic Education to implement a comprehensive 
program to improve public knowledge, understanding, and 
support of the Congress and the State legislatures. 
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 
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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 
(increased by $2,000,000) (increased by $50,000,000) of 
which $5,467,594,000 (increased by $2,000,000) shall be-
come available on July 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: Provided, That 
$11,880,000 shall be for the activities authorized by sec-
tion 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, in-
creased 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)). 
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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. 
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 
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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-
cation Act of 2006 (20 U.S.C. 2301 et seq.), the Adult 
Education and Family Literacy Act (20 U.S.C. 9201 et 
seq.), and subpart 4 of part D of title V of the Elementary 
and Secondary Education Act of 1965 (‘‘ESEA’’) (20 
U.S.C. 7249), $2,046,220,000, of which $1,247,220,000 
shall become available on July 1, 2008, and shall remain 
available through September 30, 2009, and of which 
$791,000,000 shall become available on October 1, 2008, 
and shall remain available through September 30, 2009: 
Provided, That of the amounts made available for the Carl 
D. Perkins Career and Technical Education Act of 2006, 
$8,000,000 is for the postsecondary career and technical 
institutions under section 117 of such Act (20 U.S.C. 
2327): Provided further, That of the amounts provided for 
Adult Education State Grants, $71,622,000 shall be made 
available for integrated English literacy and civics edu-
cation services to immigrants and other limited English 
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proficient populations: Provided further, That of the 
amount reserved for integrated English literacy and civics 
education, notwithstanding section 211 of the Adult Edu-
cation and Family Literacy Act (20 U.S.C. 9211), 65 per-
cent shall be allocated to States based on a State’s abso-
lute need as determined by calculating each State’s share 
of a 10-year average of the United States Citizenship and 
Immigration Services 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 United States Citizenship and Immigration 
Services data for immigrants admitted for legal permanent 
residence are available, except that no State shall be allo-
cated an amount less than $60,000: Provided further, 
That of the amounts made available for the Adult Edu-
cation and Family Literacy Act, $7,000,000 shall be for 
national leadership activities under section 243 of such 
Act (20 U.S.C. 9253) and $6,638,000 shall be for the Na-
tional Institute for Literacy under section 242 of such Act 
(20 U.S.C. 9252): Provided further, That $93,531,000 
shall be available to support the activities authorized 
under subpart 4 of part D of title V of the ESEA (20 
U.S.C. 7249), of which up to 5 percent shall become avail-
able October 1, 2007, and shall remain available through 
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September 30, 2009, for evaluation, technical assistance, 
school networks, peer review of applications, and program 
outreach activities, and of which not less than 95 percent 
shall become available on July 1, 2008, and remain avail-
able through September 30, 2009, for grants to local edu-
cational agencies: Provided further, That funds made 
available to local educational agencies under this subpart 
shall be used only for activities related to establishing 
smaller learning communities within large high schools or 
small high schools that provide alternatives for students 
enrolled in large high schools. 
STUDENT FINANCIAL ASSISTANCE 
For carrying out subparts 1, 3, and 4 of part A, part 
C, and part E of title IV of the Higher Education Act 
of 1965, $17,464,883,000, which shall remain available 
through September 30, 2009: Provided, That, in addition, 
any amount made available for Academic Competitiveness 
Grants and National SMART Grants under section 401A 
of the Higher Education Act of 1965 (20 U.S.C. 1070a– 
1) for fiscal year 2007 (in an appropriation for such fiscal 
year or a preceding fiscal year) that is unobligated at the 
end of fiscal year 2007 shall be available for Pell Grants 
for the 2008–2009 award year. 
The maximum Pell Grant for which a student shall 
be eligible during award year 2008–2009 shall be $4,700. 
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STUDENT AID ADMINISTRATION 
For Federal administrative expenses to carry out part 
D of title I, and subparts 1, 3, and 4 of part A, and parts 
B, C, D, and E of title IV of the Higher Education Act 
of 1965, $708,216,000, to remain available until ex-
pended. 
HIGHER EDUCATION 
For carrying out, to the extent not otherwise pro-
vided, titles II, III, IV, V, VI, and VII of the Higher Edu-
cation Act of 1965 (‘‘HEA’’), section 1543 of the Higher 
Education Amendments of 1992, and the Mutual Edu-
cational
and
Cultural
Exchange
Act
of
1961, 
$2,051,533,000 (increased by $100,000,000) (increased 
by $25,000,000): Provided, That $9,699,000, to remain 
available through September 30, 2009, shall be available 
to fund fellowships for academic year 2009–2010 under 
subpart 1 of part A of title VII of the HEA, under the 
terms and conditions of such subpart 1: Provided further, 
That $620,000 is for data collection and evaluation activi-
ties for programs under the HEA, including such activities 
needed to comply with the Government Performance and 
Results Act of 1993: Provided further, That notwith-
standing any other provision of law, funds made available 
in this Act to carry out title VI of the HEA and section 
102(b)(6) of the Mutual Educational and Cultural Ex-
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change Act of 1961 may be used to support visits and 
study in foreign countries by individuals who are partici-
pating in advanced foreign language training and inter-
national 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 gov-
ernment, the professions, or international development: 
Provided further, That of the funds referred to in the pre-
ceding proviso, up to 1 percent may be used for program 
evaluation, national outreach, and information dissemina-
tion activities: Provided further, That the funds provided 
for title II of the HEA shall be allocated notwithstanding 
section 210 of such Act. 
HOWARD UNIVERSITY 
For partial support of Howard University (20 U.S.C. 
121 et seq.), $237,392,000, of which not less than 
$3,526,000 shall be for a matching endowment grant pur-
suant to the Howard University Endowment Act (20 
U.S.C. 130aa et seq.) and shall remain available until ex-
pended. 
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS 
PROGRAM 
For Federal administrative expenses to carry out ac-
tivities related to existing facility loans pursuant to section 
121 of the Higher Education Act of 1965, $481,000. 
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HISTORICALLY BLACK COLLEGE AND UNIVERSITY 
CAPITAL FINANCING PROGRAM ACCOUNT 
For administrative expenses to carry out the Histori-
cally Black College and University Capital Financing Pro-
gram entered into pursuant to part D of title III of the 
Higher Education Act of 1965, $188,000. 
INSTITUTE OF EDUCATION SCIENCES 
For carrying out activities authorized by the Edu-
cation Sciences Reform Act of 2002 (20 U.S.C. 9501 et 
seq.) the National Assessment of Educational Progress 
Authorization Act (20 U.S.C. 9621 et seq.), section 208 
of the Educational Technical Assistance Act of 2002 (20 
U.S.C. 9607), and section 664 of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1464), $535,103,000, 
of which $293,144,000 shall remain available until Sep-
tember 30, 2009. 
DEPARTMENTAL MANAGEMENT 
PROGRAM ADMINISTRATION 
For carrying out, to the extent not otherwise pro-
vided, the Department of Education Organization Act (20 
U.S.C. 3401 et seq.), including rental of conference rooms 
in the District of Columbia and hire of three passenger 
motor vehicles, $394,487,000 (reduced by $125,000,000) 
(reduced by $50,000,000), of which $3,000,000, to remain 
available until expended, shall be for building alterations 
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E:\BILLS\H3043.PP
H3043
hmoore on PRODPC68 with HMBILLS