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Title of Law:An Act Making Consolidated Appropriations for the Fiscal Year Ending September 30, 2000 and for Other Purposes.
Law #:Public Law 106-113
Passed by Congress:106th Congress (1st Session)

The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain National Academies’ studies. (Pound signs [##] between passages denote the deletion of unrelated text.)

HRpt 106-479 CONFERENCE REPORT to accompany H.R. 3194 MAKING APPROPRIATIONS FOR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA AND OTHER ACTIVITIES CHARGEABLE IN WHOLE OR IN PART AGAINST REVENUES OF SAID DISTRICT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2000, AND FOR OTHER PURPOSES
Conference Committee
(11/18/99)

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ENERGY CONSERVATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $745,242,000 for energy conservation instead of $731,822,000 as proposed by the House and $684,817,000 as proposed by the Senate. Of the amount provided, $25,000,000 is derived by transfer from the biomass energy development account.

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Changes to the House position for transportation programs/vehicle technology include an increase of $3,000,000 for advanced power electronics and a decrease of $1,900,000 in hybrid systems; increases of $400,000 for fuel cell systems, $1,600,000 for stock components, and $2,620,000 for fuel processing and storage in fuel cell research and development; decreases of $500,000 each for light truck engines and for heavy truck engines in the advanced combustion engine program; and increases of $800,000 each for CARAT and GATE in cooperative research. For fuels utilization there are increases of $1,600,000 for advanced petroleum fuels for heavy trucks and $1,000,000 for alternative fuels for automobiles/light trucks. For technology deployment there is a decrease of $10,000 for advanced vehicle competitions. There are also increases of $1,000,000 for high power energy storage, $2,000,000 for heavy vehicle propulsion systems, $3,000,000 for combustion and aftertreatment, $1,000,000 for heavy vehicle systems, $1,500,000 for advanced petroleum fuels for automobiles and light trucks, $1,000,000 for automotive lightweight materials, $2,000,000 for cooperative programs with the States, and $3,900,000 for the energy efficiency science initiative. In policy and management there is an increase of $1,000,000 for a National Academy of Sciences review of fossil fuel and conservation research efforts as described below and decreases of $100,000 for the headquarters working capital fund, $300,000 for international market development programs, and $200,000 for information and communications.

Bill Language.--Bill language proposed by the House that requires a 25 percent State cost share for the weatherization assistance program has been modified. The modification delays the cost-sharing requirement until fiscal year 2001 and thereafter to allow sufficient time for the States to prepare for this new requirement. The cost share must be non-Federal for each State or other qualified participant but is not strictly limited to funds appropriated by each State or other qualified participant.

The conference agreement provides for the following:

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12. The $1,000,000 provided for a National Academy of Sciences study is for a retrospective examination of the costs and benefits of Federal research and development technologies in the areas of fossil energy and energy efficiency. The study should identify improvements that have occurred because of Federal funding for: (1) fossil energy production with regard to performance aspects such as efficiency of conversion into electricity, lower emissions to the environment and cost reduction; and (2) energy efficiency technologies with regard to more efficient use of energy, reductions in emissions and cost impacts in the industrial, transportation, commercial and residential sectors. If the full amount provided is not needed for this study, the House and Senate Committees on Appropriations should be notified of the available balance. None of these funds may be used to fund overhead costs or other energy conservation programs. The Department has an arrangement with the National Academy of Sciences that will streamline the procurement process and the Department should expedite the necessary paperwork to get this study underway within

30 days of enactment of this Act.

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OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general departmental management, including hire of six sedans, and for carrying out titles III, XVII, and XX of the Public Health Service Act, and the United States-Mexico Border Health Commission Act, $227,051,000, of which $20,000,000 shall become available on October 1, 2000, and shall remain available until September 30, 2001, together with $5,851,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Hospital Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund: Provided, That $450,000 shall be for a contract with the National Academy of Sciences to conduct a study of the proposed tuberculosis standard promulgated by the Occupational Safety and Health Administration: Provided further, That said contract shall be awarded not later than 60 days after the enactment of this Act: Provided further, That said study shall be submitted to the Congress not later than 12 months after award of the contract: Provided further, That of the funds made available under this heading for carrying out title XX of the Public Health Service Act, $10,569,000 shall be for activities specified under section 2003(b)(2), of which $9,131,000 shall be for prevention service demonstration grants under section 510(b)(2) of title V of the Social Security Act, as amended, without application of the limitation of section 2010(c) of said title XX: Provided further, That $500,000 shall be available to the Office of the Surgeon General, within the Office of Public Health and Science, to prepare and disseminate the findings of the Surgeon General's report on youth violence, and to coordinate activities across the Department of Health and Human Services: Provided further, That the Secretary may transfer a portion of such funds to other Federal entities for youth violence prevention coordination activities: Provided further, That $2,000,000 shall be available to the Lawton Chiles Foundation.

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OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement appropriates $382,000,000, instead of $337,408,000 as proposed by the House and $388,142,000 as proposed by the Senate. The agreement does not include language proposed by the Senate that would have earmarked one-half of the increase over the FY 1999 appropriation for State consultation grants and one-half for enforcement and all other purposes. The House bill had no similar provision. The detailed table at the end of this joint statement reflects the activity distribution agreed upon.

The Department is urged to consider allowing the use of all FDA-approved devices which reduce the risk of needlestick injury, whether or not such safety feature is integrated into the needle or other sharp medical object, if the non-integrated device is at least as safe and effective as other FDA-approved devices.

Without any intent to delay pending regulations, the conference agreement includes $450,000 elsewhere in this bill for a National Academy of Sciences study of the proposed standard on tuberculosis.

Concerns have been expressed about recommendations of the Metalworking Fluids Standards Advisory Committee, established by the Department, with respect to metalworking fluids exposure levels. The Department is expected to carefully consider peer-reviewed scientific research and examine the technical feasibility and economic consequences of its recommendations. An economic analysis to the three-digit SIC code and a risk assessment should be completed on the impact of reduced exposure levels.

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OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

The conference agreement appropriates $232,902,000, instead of $227,787,000 as proposed by the House and $189,420,000 as proposed by the Senate. To the extent that any staffing reductions are required to implement the conference agreement the Secretary should make the reductions in such overhead areas as the immediate office of the Secretary, public affairs, Congressional affairs, and intergovernmental affairs.

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The conference agreement includes language proposed by the House that earmarks $450,000 for a contract with the National Academy of Sciences to conduct a study of OSHA's proposed rule relating to occupational exposure to tuberculosis. The study should address the following questions:

1. Are health care workers at a greater risk of infection, disease, and mortality due to tuberculosis than the general community within which they reside? If so, what is the excess risk due to occupational exposure?

2. Can the occupationally acquired risk be quantified for different work environments, different job classifications, etc., as a result of implementation of the 1994 Centers for Disease Control and Prevention (CDC) guidelines for the prevention of tuberculosis transmission at the worksite or the implementation of specific parts of the CDC guidelines?

3. What effect will the implementation of OSHA's proposed tuberculosis standard have in minimizing or eliminating the risk of infection, disease, and mortality due to tuberculosis?

The agreement includes language as proposed by the Senate setting aside $10,569,000 under the adolescent family life program for activities specified under S 2003(b)(2) of the Public Health Service Act, of which $9,131,000 shall be for prevention grants under S 510(b)(2) of the Social Security Act, without application of the limitation of S 2010(c) of the

Public Health Service Act. The House bill had no similar provision.

With respect to the advance appropriation of $20,000,000 for title XX of the Public Health Service Act, it is intended that these funds be used for grants to organizations that clearly and consistently focus on abstinence for preventing STD's and unwanted pregnancy. [Abstinence shall have the same meaning as in Public Law 104-193, title IX, section 912.] Grants to these organizations should focus on training persons as abstinence instructors and on providing actual presentations to youth at vulnerable ages (grades 7 through 12). The Department shall hold competition for these grants during the regular grant cycle in fiscal year 2000 and issue these grants at the beginning of fiscal year 2001.

The conference agreement concurs with the language in the House Report relating to an Institute of Medicine study on ethnic bias in medicine.

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SAFE AND DRUG FREE SCHOOLS

The conference agreement includes $605,750,000 for the Safe and Drug Free Schools and Communities Act instead of the $566,000,000 proposed by the House and $636,000,000 proposed by the Senate. The agreement provides $115,000,000 in fiscal year 2000 and $330,000,000 in fiscal year 2001 funding for this account.

Included within this amount is $445,000,000 for state grants, instead of $441,000,000 as proposed by the House and $476,000,000 as proposed by the Senate.

The conference agreement also includes $110,750,000 for national programs, instead of $90,000,000 as proposed by the House and $100,000,000 as proposed by the Senate.

The conference agreement includes $850,000 within the safe and drug free schools national programs to continue the National Recognition Awards programs to provide models of alcohol and drug abuse prevention and education at the college level.

The conference agreement includes $50,000,000 under national programs for the Safe and Drug Free Schools coordinator initiative, instead of $35,000,000 as proposed by the House and $60,000,000 as proposed by the Senate.

The conference agreement includes $750,000 for a study of school violence authorized under section 4 of P.L. 106-71 (the Missing, Exploited, and Runaway Children Protection Act). The conference agreement requests the National Academy of Sciences to consult with the authorizing and appropriations committees in developing the scope and specifications for this study.

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SCIENTIFIC VALIDITY OF POLYGRAPHY

The conference agreement deletes without prejudice a sense of the Senate provision stating that the Director of the NIH should enter into appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study and investigation into the scientific validity of polygraphy as a screening tool for Federal and Federal contractor personnel. However, the Secretary of HHS is urged to conduct such a study and report her findings to Congress.

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House Report 106-370 to accompnay H.R. 3037 DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATEDAGENCIES APPROPRIATION BILL, 2000
House Appropriations
(10/07/99)
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MINORITY HEALTH

The bill includes $30,000,000 for the Office of Minority Health, an increase of $2,000,000 over the President's budget request and $6,000,000 below the fiscal year 1999 appropriation.

According to the budget request, the Office of Minority Health works with Public Health Service agencies and other agencies of the Department in a "catalytic, coordinative, advocacy and policy development role" to establish goals and coordinate other activities in the Department regarding disease prevention, health promotion, service delivery and research relating to disadvantaged and minority individuals; concludes interagency agreements to stimulate and undertake innovative projects; supports research, demonstration, and evaluation projects; and coordinates efforts to promote minority health programs and policies in the voluntary and corporate sectors.

The Committee is pleased that the Office of Minority Health has taken a leadership role in conducting and coordinating a study on managed care and historically minority health professions schools, and encourages continued support.

The Committee is aware of the ongoing demonstration project at a historically black medical school that focuses on integrating health delivery systems in an underserved community. The Committee encourages the Department to consider sustaining the project through the Office of Minority Health and other operating divisions.

The Committee is concerned about a recent cardiac catheterization study with respect to ethnic biases in the diagnosis and treatment of cardiovascular disease. The Committee has provided funds to the Office of Minority Health for a one-time, Institute of Medicine study of the prevalence and impact of ethnic bias in medicine. The Committee expects IOM to work closely with ethnic medical organizations to develop the parameters of the study.

The Committee urges the continued funding of HIV/AIDS prevention activities by the Office of Minority Health through its Minority Community Coalition Demonstration Grants program and its Bilingual/Bicultural Demonstration Grants program.

The Committee urges the Department to make sufficient funds available to support the establishment of at least one multi-State minority HIV/AIDS technical assistance and resource center. The funds should be made available to a minority organization that has experience in (1) providing technical and capacity-building assistance to minority organizations; (2) developing educational materials for states, community-based organizations and healthcare providers; and (3) working on issues related to minority women and other populations disproportionately affected by HIV/AIDS.

Sufficient funding is included to support the implementation of a perinatal HIV/AIDS educational, testing and outreach demonstration, targeting providers and the minority women of childbearing age they serve.

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