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pensated for its proportionate interest in the property if
the property use changes or the property is transferred or
sold, whichever time period is less. At the conclusion of such
period, the Notice of Federal Interest in such property shall
be removed.
(d) There are authorized to be appropriated such sums
as may be necessary to carry out this section in fiscal year
2008 and in each of the five succeeding fiscal years.
SEC. 220. Not to exceed $35,000,000 of funds appro-
priated by this Act to the institutes and centers of the Na-
tional Institutes of Health may be used for alteration, re-
pair, or improvement of facilities, as necessary for the prop-
er and efficient conduct of the activities authorized herein,
at not to exceed $2,500,000 per project.
SEC. 221. (a) PROHIBITION.—With respect to the
2010–2011 influenza season, the Secretary of Health and
Human Services (the Secretary) shall not use or make
available any funds for the administration of any influenza
vaccine containing thimerosal as a preservative (thimer-
osal-free) to any child under 3 years of age, unless the Sec-
retary:
(1) finds that there is inadequate supply of thi-
merosal-free influenza vaccine for the covered popu-
lation and for the respective influenza season; or
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(2) finds that an actual or potential public
health situation justifies the use of other influenza
vaccine for children under 3 years of age; and
(3) gives written notice of such findings (and an
explanation of the basis for the findings) to the Con-
gress and of actions the Secretary is taking to ensure
adequate supply of pediatric thimerosal-free influenza
vaccine for the following influenza season.
(b) REPORT TO CONGRESS.—To improve public con-
fidence in the safety of vaccines, the Secretary shall submit
to the Congress a plan no later than April 1, 2008—
(1) to work proactively with manufacturers of
influenza vaccine to facilitate the approval of thimer-
osal-free influenza vaccine for administration to chil-
dren under 3 years of age;
(2) to increase the Federal Government’s pur-
chases of thimerosal-free influenza vaccine; and
(3) to take any other actions determined appro-
priate by the Secretary to increase the supply of thi-
merosal-free influenza vaccine.
(TRANSFER OF FUNDS)
SEC. 222. Of the amounts made available in this Act
for the National Institutes of Health, 1 percent of the
amount made available for National Research Service
Awards (NRSA) shall be made available to the Adminis-
trator of the Health Resources and Services Administration
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to make NRSA awards for research in primary medical
care to individuals affiliated with entities who have re-
ceived grants or contracts under section 747 of the Public
Health Service 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. 223. None of the funds made available in this
Act may be used—
(1) for the Ombudsman Program of the Centers
for Disease Control and Prevention; and
(2) by the Centers for Disease Control and Pre-
vention to provide additional rotating pastel lights,
zero-gravity chairs, or dry-heat saunas for its fitness
center.
SEC. 224. There is hereby established in the Treasury
of the United States a fund to be known as the ‘‘Non-
recurring expenses fund’’ (the Fund): Provided, That unob-
ligated balances of expired discretionary funds appro-
priated for this or any succeeding fiscal year from the Gen-
eral Fund of the Treasury to the Department of Health and
Human Services by this or any other Act may be trans-
ferred (not later than the end of the fifth fiscal year after
the last fiscal year for which such funds are available for
the purposes for which appropriated) into the Fund: Pro-
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vided further, That amounts deposited in the Fund shall
be available until expended, and in addition to such other
funds as may be available for such purposes, for capital
acquisition necessary for the operation of the Department,
including facilities infrastructure and information tech-
nology infrastructure, subject to approval by the Office of
Management and Budget: Provided further, That amounts
in the Fund may be obligated only after the Committees
on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of the
planned use of funds.
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’’) and section 418A
of the Higher Education Act of 1965, $15,930,691,000, of
which $7,611,423,000 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
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section 1124: 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 edu-
cational-agency-level census poverty data from the Bureau
of the Census: Provided further, That $1,365,031,000 shall
be for concentration grants under section 1124A: Provided
further, That $3,068,680,000 shall be for targeted grants
under section 1125: Provided further, That $3,068,680,000
shall be for education finance incentive grants under section
1125A: Provided further, That $9,330,000 shall be to carry
out sections 1501 and 1503: Provided further, That
$1,634,000 shall be available for a comprehensive school re-
form clearinghouse.
IMPACT AID
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the Ele-
mentary 
and 
Secondary 
Education 
Act 
of 
1965,
$1,262,778,000, of which $1,126,192,000 shall be for basic
support payments under section 8003(b), $49,466,000 shall
be for payments for children with disabilities under section
8003(d), $17,820,000 shall be for construction under section
8007(b) and shall remain available through September 30,
2009, $64,350,000 shall be for Federal property payments
under section 8002, and $4,950,000, to remain available
until expended, shall be for facilities maintenance under
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section 8008: Provided, That for purposes of computing the
amount of a payment for an eligible local educational agen-
cy under section 8003(a) for school year 2007–2008, chil-
dren enrolled in a school of such agency that would other-
wise 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 sec-
tion 8003(a)(1)(B)), are no longer eligible under such sec-
tion, shall be considered as eligible students under such sec-
tion, provided such students remain in average daily at-
tendance 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 author-
ized by title II, part B of title IV, subparts 6 and 9 of
part D of title V, parts A and B of title VI, and parts
B and C of title VII of the Elementary and Secondary Edu-
cation Act of 1965 (‘‘ESEA’’); the McKinney-Vento Home-
less Assistance Act; section 203 of the Educational Tech-
nical Assistance Act of 2002; the Compact of Free Associa-
tion Amendments Act of 2003; and the Civil Rights Act of
1964, $5,411,758,000, of which $3,790,731,000 shall become
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available on July 1, 2008, and remain available through
September 30, 2009, and of which $1,435,000,000 shall be-
come available on October 1, 2008, and shall remain avail-
able through September 30, 2009, for academic year 2008–
2009: Provided, That funds made available to carry out
part B of title VII of the ESEA may be used for construc-
tion, renovation and modernization of any elementary
school, secondary school, or structure related to an elemen-
tary school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predomi-
nantly Native Hawaiian student body: Provided further,
That from the funds referred to in the preceding proviso,
not less than $1,250,000 shall be for a grant to the Depart-
ment of Education of the State of Hawaii for the activities
described in such proviso, and $1,250,000 shall be for a
grant to the University of Hawaii School of Law for a Cen-
ter of Excellence in Native Hawaiian law: Provided further,
That funds made available to carry out part C of title VII
of the ESEA may be used for construction: Provided fur-
ther, That up to 100 percent of the funds available to a
State educational agency under part D of title II of the
ESEA may be used for subgrants described in section
2412(a)(2)(B) of such Act: Provided further, That
$58,129,000 shall be available to carry out section 203 of
the Educational Technical Assistance Act of 2002: Provided
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further, That $34,376,000 shall be available to carry out
part D of title V of the ESEA: Provided further, That no
funds appropriated under this heading may be used to
carry out section 5494 under the ESEA: Provided further,
That $18,001,000 shall be available to carry out the Supple-
mental 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 Sup-
plemental Education Grants programs and to obtain tech-
nical 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
$3,000,000 of the funds available for the Foreign Language
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 education to estab-
lish or expand articulated programs of study in languages
critical to United States national security 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, title VII, part A of the Elementary and
Secondary Education Act of 1965, $124,000,000.
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, and section 1504 of the
Elementary and Secondary Education Act of 1965
(‘‘ESEA’’), $1,010,084,000: Provided, That $9,821,000
shall be provided to the National Board for Professional
Teaching Standards to carry out section 2151(c) of the
ESEA: Provided further, That from funds for subpart 4,
part C of title II, up to 3 percent shall be available to the
Secretary for technical assistance and dissemination of in-
formation: Provided further, That $361,917,000 shall be
available to carry out part D of title V of the ESEA: Pro-
vided further, That $103,293,000 of the funds for subpart
1, part D of title V of the ESEA shall be available for the
projects and in the amounts specified in the statement of
the managers on the conference report accompanying this
Act: Provided further, That $99,000,000 of the funds for
subpart 1 shall be for competitive grants to local edu-
cational agencies, including charter schools that are local
educational agencies, or States, or partnerships of: (1) a
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local educational agency, a State, or both; and (2) at least
one non-profit organization to develop and implement per-
formance-based teacher and principal compensation sys-
tems in high-need schools: Provided further, That such per-
formance-based compensation systems must consider gains
in student academic achievement as well as classroom eval-
uations 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: Provided further, That of
the funds available for part B of title V, the Secretary shall
use up to $24,783,000 to carry out activities under section
5205(b) and under subpart 2, and shall use not less than
$190,000,000 to carry out other activities authorized under
subpart 1.
SAFE SCHOOLS AND CITIZENSHIP EDUCATION
For carrying out activities authorized by subpart 3 of
part C of title II, part A of title IV, and subparts 2, 3,
and 10 of part D of title V of the Elementary and Sec-
ondary Education Act of 1965 (‘‘ESEA’’), $708,835,000, of
which $300,000,000 shall become available on July 1, 2008,
and remain available through September 30, 2009: Pro-
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vided, That $300,000,000 shall be available for subpart 1
of part A of title IV and $222,519,000 shall be available
for subpart 2 of part A of title IV, of which not less than
$1,500,000, to remain available until expended, shall be for
the Project School Emergency Response to Violence
(‘‘Project SERV’’) program to provide education-related
services to local educational agencies and to institutions of
higher education in which the learning environment has
been disrupted due to a violent or traumatic crisis: Pro-
vided further, That Project SERV funds appropriated in
previous fiscal years may be used to provide services to local
educational agencies and to institutions of higher education
in which the learning environment has been disrupted due
to a violent or traumatic crisis: Provided further, That
$152,998,000 shall be available to carry out part D of title
V of the ESEA: Provided further, That of the funds avail-
able to carry out subpart 3 of part C of title II, up to
$12,072,000 may be used to carry out section 2345 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, $722,717,000, which
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shall become available on July 1, 2008, and shall remain
available through September 30, 2009, except that 6.5 per-
cent of such amount shall be available on October 1, 2007,
and shall remain available through September 30, 2009, to
carry out activities under section 3111(c)(1)(C).
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities
Education Act (‘‘IDEA’’) and the Special Olympics Sport
and Empowerment Act of 2004, $12,357,999,000, of which
$5,461,394,000 shall become available on July 1, 2008, and
shall remain available through September 30, 2009, and of
which $6,654,982,000 shall become available on October 1,
2008, and shall remain available through September 30,
2009, for academic year 2008–2009: Provided, That
$13,000,000 shall be for Recording for the Blind and
Dyslexic, Inc., to support activities under section
674(c)(1)(D) of the IDEA: Provided further, That
$1,500,000 shall be for the recipient of funds provided by
Public Law 105–78 under section 687(b)(2)(G) of the IDEA
(as in effect prior to the enactment of the Individuals with
Disabilities Education Improvement Act of 2004) to pro-
vide information on diagnosis, intervention, and teaching
strategies for children with disabilities: Provided further,
That the amount for section 611(b)(2) of the IDEA shall
be equal to the lesser of the amount available for that activ-