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Title of Law:Consolidated Appropriations Act, 2010
Law #:Public Law 111-117
Passed by Congress:111th Congress (1st Session)

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

HR3288 Olver (D-Mass.) 12/13/09
Enrolled (finally passed both houses)
Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
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TITLE I

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, $304,888,000, of which not to exceed $21,983,000 is for executive direction program activities; not to exceed $47,249,000 is for economic policies and programs activities, including $1,000,000 that shall be transferred to the National Academy of Sciences for a study by the Board on Mathematical Sciences and Their Applications on the long-term economic effects of the aging population in the United States, to remain available until September 30, 2011, and $1,500,000 that shall be transferred to the National Academy of Sciences for a carbon audit of the tax code as authorized in section 117 of the Energy Improvement and Extension Act of 2008 (Public Law 110-343), to remain available until September 30, 2011; not to exceed $48,580,000 is for financial policies and programs activities; not to exceed $64,611,000 is for terrorism and financial intelligence activities; not to exceed $22,679,000 is for Treasury-wide management policies and programs activities; and not to exceed $99,786,000 is for administration programs activities: Provided, That the Secretary of the Treasury is authorized to transfer funds appropriated for any program activity of the Departmental Offices to any other program activity of the Departmental Offices upon notification to the House and Senate Committees on Appropriations: Provided further, That no appropriation for any program activity shall be increased or decreased by more than 4 percent by all such transfers: Provided further, That any change in funding greater than 4 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That of the amount appropriated under this heading, not to exceed $3,000,000, to remain available until September 30, 2011, is for information technology modernization requirements; not to exceed $200,000 is for official reception and representation expenses; and not to exceed $258,000 is for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate: Provided further, That of the amount appropriated under this heading, $6,787,000, to remain available until September 30, 2011, is for the Treasury-wide Financial Statement Audit and Internal Control Program, of which such amounts as may be necessary may be transferred to accounts of the Department’s offices and bureaus to conduct audits: Provided further, That this transfer authority shall be in addition to any other provided in this Act: Provided further, That of the amount appropriated under this heading, $500,000, to remain available until September 30, 2011, is for secure space requirements: Provided further, That of the amount appropriated under this heading, $3,400,000, to remain available until September 30, 2012, is to develop and implement programs within the Office of Critical Infrastructure Protection and Compliance Policy, including entering into cooperative agreements: Provided further, That of the amount appropriated under this heading, $3,000,000, to remain available until September 30, 2012, is for modernizing the Office of Debt Management’s information technology.

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HRpt 111-366 - To accompany H.R. 3288 – Making appropriations for the Departments of Transportation and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes
Conference Committee
(12/8/09)
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DIVISION C FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2010

TITLE I

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, $304,888,000, of which not to exceed $21,983,000 is for executive direction program activities; not to exceed $47,249,000 is for economic policies and programs activities, including $1,000,000 that shall be transferred to the National Academy of Sciences for a study by the Board on Mathematical Sciences and Their Applications on the long-term economic effects of the aging population in the United States, to remain available until September 30, 2011, and $1,500,000 that shall be transferred to the National Academy of Sciences for a carbon audit of the tax code as authorized in section 117 of the Energy Improvement and Extension Act of 2008 (Public Law 110-343), to remain available until September 30, 2011; not to exceed $48,580,000 is for financial policies and programs activities; not to exceed $64,611,000 is for terrorism and financial intelligence activities; not to exceed $22,679,000 is for Treasury-wide management policies and programs activities; and not to exceed $99,786,000 is for administration programs activities: Provided, That the Secretary of the Treasury is authorized to transfer funds appropriated for any program activity of the Departmental Offices to any other program activity of the Departmental Offices upon notification to the House and Senate Committees on Appropriations: Provided further, That no appropriation for any program activity shall be increased or decreased by more than 4 percent by all such transfers: Provided further, That any change in funding greater than 4 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That of the amount appropriated under this heading, not to exceed $3,000,000, to remain available until September 30, 2011, is for information technology modernization requirements; not to exceed $200,000 is for official reception and representation expenses; and not to exceed $258,000 is for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate: Provided further, That of the amount appropriated under this heading, $6,787,000, to remain available until September 30, 2011, is for the Treasury-wide Financial Statement Audit and Internal Control Program, of which such amounts as may be necessary may be transferred to accounts of the Department’s offices and bureaus to conduct audits: Provided further, That this transfer authority shall be in addition to any other provided in this Act: Provided further, That of the amount appropriated under this heading, $500,000, to remain available until September 30, 2011, is for secure space requirements: Provided further, That of the amount appropriated under this heading, $3,400,000, to remain available until September 30, 2012, is to develop and implement programs within the Office of Critical Infrastructure Protection and Compliance Policy, including entering into cooperative agreements: Provided further, That of the amount appropriated under this heading, $3,000,000, to remain available until September 30, 2012, is for modernizing the Office of Debt Management’s information technology.

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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The conferees provide a total of $4,737,531,000 in discretionary appropriations for the National Oceanic and Atmospheric Administration (NOAA).

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OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides a total program level of $3,412,778,000 under this account for the coastal, fisheries, marine, weather, satellite and other programs of NOAA. This total funding level includes $3,305,178,000 in direct appropriations; a transfer of $104,600,000 from balances in the “Promote and Develop Fishery Products and Research Pertaining to American Fisheries” account; and a transfer of $3,000,000 from the Coastal Zone Management Fund.

Within this amount, the conference agreement provides funds for congressionally-directed activities listed within the obligation tables for each line office, and directs NOAA to refrain from charging administrative costs to these grants. The conferees expect that NOAA will provide appropriate management and oversight of each grant.

The following narrative descriptions and tables identify the specific activities and funding levels included in this Act:

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National mesonet program.—The conference agreement provides $19,000,000 for continuation and expansion of the national mesonet program. Funds shall be allocated as follows: (1) $8,000,000 to maintain data procurements from existing surface in situ mesonet observations, including those observations added as a result of the fiscal year 2009 expansion of the national mesonet program; (2) $5,500,000 for competitive expansion of the national mesonet program to include integration of additional surface in situ observational data from existing networks, with 75 percent of the funds for data acquisition from urban and 25 percent from non-urban (rural, mountainous, and coastal) areas; (3) $500,000 for the national mesonet program office for program oversight and data utilization initiatives; (4) $3,500,000 for the continued development and expansion of the Mobile Platform Environment (MoPED) System pilot program to ensure that mobile platform environmental data is available to support efforts of the NWS and Meteorological Assimilation Data Ingest System (MADIS); and (5) $1,000,000 for data validation tools for quality control and network monitoring and reliability, with up to $500,000 of these funds for MADIS expansion. The conferees expect NOAA to include in its fiscal year 2011 budget a robust and expanded national mesonet program, as called for by the National Research Council. Further, the conferees note that NOAA was required to submit a plan 90 days after enactment of the fiscal year 2009 Omnibus Appropriations Act on implementation of the national mesonet program, a deadline with which the agency has not complied. The conferees expect this plan to be submitted within 30 days of the enactment of this Act.

National Weather Service.The conferees direct that NOAA contract with the National Academy of Sciences to conduct an assessment of the now completed NWS modernization. During the 1980s and 1990s NOAA launched a major program to modernize the NWS, investing $5,000,000,000 to modernize NWS technologies to advance weather forecasting. However, a complete assessment of the entire end-to-end NWS modernization enterprise has not been completed. The conferees require a report that not only addresses the past modernization, but also focuses on lessons learned to support future improvements to NWS capabilities. The report shall address high-impact weather and new science and technologies that allow for even better forecasts; the integration of new technologies and better models into NWS operations; and improving current partnerships with private industry, academia and other governmental agencies.

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

AGENCY SUMMARY

The conferees remain concerned about NASA’s management of its budget, as well as its financial recordkeeping and reporting. Reports and findings of the General Accounting Office and the House and Senate Committees on Appropriations continue to reveal a pattern of lax fiscal management and oversight, ranging from the administration of enhanced use lease receipts, insufficient evidentiary support for amounts in NASA’s budget execution data, improper execution of its authority in the construction program, and increasing numbers of contract awards being protested. Accordingly, the conferees have taken several steps to assist NASA in improving its fiscal management. The conference agreement:

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SCIENCE

The conference agreement provides $4,469,000,000 for science. Funds provided herein are available for two years to conduct and support science research and development activities, including research, development, operations, support and services; maintenance; space flight, spacecraft control, and communications activities; program management; personnel and related costs; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft. Funds for construction of facilities, including repair, renovation of existing facilities, construction of new facilities, facility planning and design, and for environmental compliance and restoration are provided in a separate, new account, as proposed by the House.

Earth science, other missions and data analysis.—The conference agreement provides $201,300,000 for Earth science, other missions and data analysis. An increase of $15,000,000 is provided above the request to advance further the studies of the next two decadal survey missions, the Climate Absolute Radiance and Refractivity Observatory (CLARREO) and the Deformation, Ecosystem Structure, and Dynamics of the Ice (DESDnyI).

The conferees are concerned about the limited progress made to date in advancing the Earth science missions identified in the recent decadal survey. In an effort to address the need for Earth science data, the conferees encourage NASA to consider commercial solutions for providing such data and suggest that NASA contract with the National Academies’ Space Studies Board to conduct a study of the feasibility of commercially-provided Earth science data.

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NATIONAL SCIENCE FOUNDATION

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RESEARCH AND RELATED ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $5,617,920,000 for research and related activities.

The conference agreement transfers $54,000,000 from NSF to the United States Coast Guard (USCG) for icebreaking services to cover all anticipated operation and maintenance costs for fiscal year 2010. The conferees expect that in future years all operation and maintenance budget authority for these USCG icebreakers will be requested by the Department of Homeland Security.

Within the funds provided, the conferees direct NSF to maintain funding at the levels requested for the following activities:

Climate change
Cyber-enabled discovery and innovation
Science and engineering beyond Moore’s law
Adaptive systems technology
Dynamics of water processes in the environment
National Radio Astronomy Observatory

In addition, the conferees support House direction on high-risk, high-reward basic research; funding for research on ocean acidification; support for 2,000 graduate research fellowships across all of NSF; climate change education; and funding of EPSCoR. Beyond these requirements, the conferees expect NSF to accommodate the reduction from the request based on its judgment of where funding will be used most effectively.

The conferees support the direction in the Senate report with respect to VORTEX2.

The conferees direct NSF to transfer $100,000 to the National Academy of Sciences as directed by the House.

Hydrology, terrestrial ecosystems and soils.—The conferees see the need for an appropriate mechanism to bring together the hydrology research community and better integrate the different types of data and observing systems and enhance support of hydrology modeling, and to institutionalize this mechanism. The conferees also see the need for an appropriate mechanism to bring together the terrestrial ecology and soils research communities. NSF is directed to report its recommendations on the need for and establishment of mechanisms in these two areas with the budget request for fiscal year 2011.

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CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

The conference agreement includes $6,390,387,000 in discretionary appropriations for Disease Control, Research, and Training at the Centers for Disease Control and Prevention (CDC) instead of $6,314,032,000 as proposed by the House and $6,733,377,000 as proposed by the Senate. In addition, $352,357,000 is made available under section 241 of the Public Health Service (PHS) Act instead of $368,863,000 as proposed by the House and $40,075,000 as proposed by the Senate.

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Within the total provided for Nutrition, Physical Activity, and Obesity, the conference agreement includes $500,000 to continue a study by the Institute of Medicine that will examine and provide recommendations regarding front-of-package nutrition symbols consistent with the language in Senate Report 111-66. The House did not propose similar language.

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The 2009 H1N1 virus pandemic has highlighted the need to protect health care workers who have been on the front lines providing care to those who have become infected and sick. The current pandemic also has revealed that there are major gaps in our scientific knowledge about the modes of transmission of influenza and the most effective methods to prevent transmission and protect health care workers, including the type of respiratory protection that should be utilized to protect health care workers from exposure. The conference agreement includes increased funding over the fiscal year 2009 level for the National Occupational Research Agenda. The conferees urge NIOSH to direct some of this increase to intramural and extramural research to implement the recommendations of the 2008 and 2009 Institute of Medicine reports, including research to determine relative contribution of various routes of influenza transmission; and for each mode of transmission, efficacious means to prevent and control transmission, and to limit exposure to health care workers. The House included similar language.

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OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $499,228,000 for General Departmental Management, including $5,851,000 from Medicare trust funds instead of $512,452,000 as proposed by the House and $483,779,000 as proposed by the Senate. In addition, the conference agreement includes $65,211,000 in program evaluation funding instead of $74,211,000 as proposed by the House and $64,211,000 as proposed by the Senate. For comparability, these figures include funding for the teenage pregnancy prevention initiative, which was funded under the Administration for Children and Families in the House bill.

Within Public Health Service Act program evaluation funding, the conference agreement designates $1,000,000 to carry out inforNational services to patients and families affected by childhood cancer authorized under the Caroline Pryce Walker Conquer Childhood Cancer Act. The House proposed $10,000,000 to implement this Act and the Senate did not include a similar provision. The conference agreement allocates an additional $3,000,000 for a childhood cancer registry within funds provided to the Centers for Disease Control and Prevention.

Within the funds for the Office of the Secretary, the conference agreement includes $5,000,000 as proposed by the House to continue Departmental activities related to reducing healthcare-associated infections. The Senate did not include a similar provision.

Within the funds for the Office of the Secretary, the conference agreement designates $900,000 for the Institute of Medicine to conduct a study on the mental health workforce as proposed in House Report 111-220. The House proposed $1,000,000 for this activity and the Senate did not include a similar provision.

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DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005

The conference agreement appropriates $7,455,498,000 for the Department of Defense Base Closure Account 2005, instead of $7,479,498,000 as proposed by both the House and Senate. The amount approved by the conferees fully funds the authorized level for fiscal year 2010. The reduction from the request is due to the realignment of funding for the hospital replacement at Fort Bliss, Texas to the Military Construction, Defense-Wide account. The conferees direct the Department to continue notifying the Committees on Appropriations of both Houses of Congress of any above-threshold cost or scope variation on projects, and cancellation of projects, or any transfer of funds among accounts and construction projects associated with the BRAC 2005 program.

BRAC Transportation Improvements Study.The conferees direct the Secretary of Defense to provide $450,000 from available funds within the 2005 Base Closure Account to enter into an arrangement with the National Academy of Sciences (NAS) to conduct a study on the funding of transportation improvements to accommodate installation growth associated with the BRAC 2005 program. The study shall:

(1) examine case studies of congestion caused on metropolitan road and transit facilities when BRAC requirements cause shifts in personnel to occur faster than facilities can be improved through the usual State and local processes;

(2) review the criteria used by the Defense Access Roads (DAR) program for determining the eligibility of transportation projects and the appropriate Department of Defense share of public highway and transit improvements in BRAC cases;

(3) assess the adequacy of current Federal surface transportation and Department of Defense programs that fund highway and transit improvements in BRAC cases to mitigate transportation impacts in urban areas with preexisting traffic congestion and saturated roads;

(4) identify promising approaches for funding road and transit improvements and streamlining transportation project approvals in BRAC cases; and

(5) provide recommendations for modifications of current policy for the DAR and Office of Economic Adjustment programs, including funding strategies, road capacity assessments, eligibility criteria, and other government policies and programs the National Academy of Sciences may identify, to mitigate the impact of BRAC-related installation growth on preexisting urban congestion.

The NAS is directed to provide an interim report of its findings to the Secretary of Defense and the Committees on Appropriations of both Houses of Congress no later than May 14, 2010, with a final report to be provided no later than January 31, 2011.

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HRpt 111-149 - To accompany H.R. 2847 - Making appropriations for Commerce, Justice, Science, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
(6/12/09)
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RESEARCH AND RELATED ACTIVITIES

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The Research and Related Activities appropriation enables the United States to provide leadership and promote progress across the expanding frontiers of scientific and engineering research and education. This appropriation provides resources for NSF’s major research activities, which include biological sciences; computer and information science and engineering; engineering; geosciences; mathematical and physical sciences; social, behavioral, and economic sciences; Office of International Science and Engineering; U.S. polar research programs; U.S. Antarctic logistical support activities; integrative activities, including the Experimental Program to Stimulate Competitive Research (EPSCoR); Office of Cyber infrastructure; and the U.S. Arctic Research Commission.

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Climate change education.Using the most current information available, the National Academy of Sciences is undertaking a study to evaluate the implications of different atmospheric greenhouse gas concentration target levels and explain the uncertainties inherent in the analyses to inform policy makers as they make decisions about stabilization target levels for atmospheric greenhouse gas concentrations. Within the amounts appropriated, $100,000 is included for transfer to the National Academy of Sciences to develop educational materials based on the conclusions of this study for use at the collegiate level to strengthen climate education.

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SRpt 111-66 - To accompany H.R. 3293 - Making appropriations for the Departments of Labor, Health and Human Services, and Education and related agencies for the fiscal year ending September 30, 2010, and for other purposes, reports the same to the Senate with an amendment and recommends that the bill as amended do pass.
(8/4/09)
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CHRONIC DISEASE PREVENTION, HEALTH PROMOTION, AND GENOMICS

The Committee has recommended $946,348,000 for chronic disease prevention, health promotion and genomics. The comparable level for fiscal year 2009 was $881,686,000 and the budget request for 2010 was $896,239,000. Within the total provided, the following amounts are available for the following categories of funding:

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Nutrition, Physical Activity, and Obesity.Within the total provided, the Committee has included no less than $500,000 to continue a study by the Institute of Medicine [IOM] that will examine and provide recommendations regarding front-of-package nutrition symbols. These should include, but not be limited to, a review of systems being used by manufacturers, supermarkets, health organizations, and governments in the United States and abroad and the overall merits of front-label nutrition icons, the advantages and disadvantages of various approaches, and the potential benefits of a single, standardized front-label food guidance system regulated by the Food and Drug Administration. Based upon its work, the IOM should recommend one or several of the systems, along with means of maximizing the use and effectiveness of front-label symbols, that it has identified as best able to promote consumers’ health.

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HRpt 111-220 - To accompany H.R. 3293 - Making appropriations for the Departments of Labor, Health and Human Services (except the Food and Drug Administration, the Agency for Toxic Substances and Disease Registry and the Indian Health Service), Education, Committee for Purchase From People Who Are Blind or Severely Disabled, Corporation for National and Community Service, Corporation for Public Broadcasting, Federal Mediation and Conciliation Service, Federal Mine Safety and Health Review Commission, Institute of Museum and Library Services, Medicare Payment Advisory Commission, National Council on Disability, National Labor Relations Board, National Mediation Board, Occupational Safety and Health Review Commission, Railroad Retirement Board, and the Social Security Administration for the fiscal year ending September 30, 2010, and for other purposes.
(7/22/09)
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OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

The Committee provides $403,452,000 for General Departmental Management, which is $10,176,000 above the fiscal year 2009 funding level and $3,597,000 below the budget request. Included in this amount is authority to spend $5,851,000 from the Medicare trust funds, as requested by the Administration. In addition, the Office of the Secretary has access to $69,756,000 for policy evaluation funding activities under section 241 of the Public Health Service Act.

This appropriation supports activities that are associated with the Secretary’s roles as policy officer and general manager of the Department. The Office of the Secretary also implements Administration and Congressional directives, and provides assistance, direction and coordination to the headquarters, regions, and field organizations of the Department. In addition, this funding supports the Office of the Surgeon General and several other health promotion and disease prevention activities that are centrally administered.

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Institute of Medicine Mental Health Workforce.—The Committee provides up to $900,000 to support an Institute of Medicine study that shall provide: (1) a systematic and trend analysis of the current and projected mental and behavioral healthcare needs of the American people, particularly for aging and growing ethnic populations; and (2) policy recommendations for achieving a competent and well-trained mental health workforce to address those needs. The Committee believes that such a study would be particularly timely in light of the projected doubling of the aged population by 2030, new evidence on the importance of addressing mental health issues as part of effective chronic disease management, increased numbers of veterans with post traumatic stress disorder, improved diagnostic techniques, and implementation of a new Federal mental health parity law.

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