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Title of Law:Consolidated Appropriations Act, 2004
Law #:Public Law 108-199
Passed by Congress:108th Congress (2nd Session)

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

HR2673 Bonilla (R.-Texas) 1/22/04
Enrolled (finally passed both houses)

An original bill making appropriations for agriculture, rural development, Food and Drug Administration, and related agencies programs for the fiscal year ending September 30, 2004, and for other purposes. (Used as the vehicle for the fiscal 2004 omnibus appropriations bill.)
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SEC. 424. NATIONAL ACADEMY OF SCIENCES STUDY. The matter under the heading `ADMINISTRATIVE PROVISIONS' under the heading `ENVIRONMENTAL PROTECTION AGENCY' in title III of division K of the Consolidated Appropriations Resolution, 2003 (117 Stat. 513), is amended--

(1) in the first sentence of the fifth undesignated paragraph (beginning `As soon as'), by inserting before the period at the end the following: `, and the impact of the final rule entitled `Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Equipment Replacement Provision of the Routine Maintenance, Repair and Replacement Exclusion', amending parts 51 and 52 of title 40, Code of Federal Regulations, and published in electronic docket OAR-2002-0068 on August 27, 2003'; and

(2) in the sixth undesignated paragraph (beginning `The National Academy of Sciences'), by striking `March 3, 2004' and inserting `January 1, 2005'.

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HRpt 108-401 - To accompany H.R. 2673 - MAKING APPROPRIATIONS FOR AGRICULTURE, RURAL
DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2004, AND FOR OTHER PURPOSES
Conference Committee
(11/25/03)
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TITLE IV—GENERAL PROVISIONS

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SEC. 424. NATIONAL ACADEMY OF SCIENCES STUDY. The matter under the heading “ADMINISTRATIVE PROVISIONS” under the heading “ENVIRONMENTAL PROTECTION AGENCY” in title III of division K of the Consolidated Appropriations Resolution, 2003 (117 Stat. 513), is amended—

(1) in the first sentence of the fifth undesignated paragraph (beginning “As soon as”), by inserting before the period at the end the following: “, and the impact of the final rule entitled ‘Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Equipment Replacement Provision of the Routine Maintenance, Repair and Replacement Exclusion’, amending parts 51 and 52 of title 40, Code of Federal Regulations, and published in electronic docket OAR-2002-0068 on August 27, 2003”; and

(2) in the sixth undesignated paragraph (beginning “The National Academy of Sciences”), by striking “March 3, 2004” and inserting “January 1, 2005”.

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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The conference agreement includes $395,123,000 in total resources for the programs of the International Trade Administration (ITA) for fiscal year 2004, of which $13,000,000 is to be derived from fee collections, as proposed by the House, instead of $375,053,000, of which $3,000,000 is to be derived from fee collections, as proposed by the Senate.

The conference agreement adopts by reference language in the House report regarding the mission of the ITA, the failure of ITA to meet its mission, and the May 22, 2003 public hearing on the efforts of the International Trade Administration, the Bureau of Customs, and the Office of the United States Trade Representative to support U.S. businesses.

The conferees understand the difficulties in attempting to balance the positive and the negative effects of a free trade agenda. The conferees are steadfast in their support of America’s trade policy to create growth and raise living standards around the globe, and in return to increase the benefits to U.S. workers, farmers, consumers, and businesses. Yet, the U.S. Government must uphold its responsibility to enforce trade laws, particularly with China. If trading partners do not abide by the rules that are set in the global trading system, then U.S firms are not competing on a level playing field.

The United States Government has an obligation to ensure American companies are not forced to compete with foreign companies that are engaged in unfair trading practices, including receiving subsidies from their governments.

The conference agreement includes by reference House report language regarding the Trade Policy Body Review, Reports, Reorganization, Trade Promotion, American Trading Centers, Manufacturing and Services, Import Administration, Investigations/Operations, Office of China Compliance, Policy and Negotiations, New Shipper Review Process, Market Access and Compliance, Executive Direction/Administration, Human Rights Training, Trade Missions, International Standards, and Travel Expenditures.

The conferees direct the Secretary of Commerce to report back to the Committees on Appropriations, no later than January 20, 2004, on the trade and U.S. employment impact of the currency valuation of our trading partners including, China, Japan, Vietnam, South Korea, Taiwan, the Ukraine, and Indonesia.

The conferees expect the Secretary of Commerce, in consultation with the U.S.-China Economic and Security Commission to report back to the Committees no later than May 1, 2004. The conferees have extended the deadline further than the deadline proposed in the House report.

The conference agreement includes bill language designating the amounts available for each unit within ITA. The conferees remind ITA that any deviation from the funding distribution provided in the bill and report, including carryover balances, is subject to reprogramming procedures set forth in section 605 of this Act. In addition, ITA is directed to submit to the Committees on Appropriations, not later than 60 days after the enactment of this Act, a spending plan for all ITA units that incorporates any carryover balances from prior fiscal years.

The conference agreement includes $10,000,000 for the National Textile Center, $3,000,000 for the Textile/Clothing Technology Corporation, $1,000,000 for the Kansas Trade Center, and $500,000 for the International Trade Processing Center, as proposed by the Senate.

The conference agreement adopts, by reference, language as proposed by the Senate under the heading of World Trade Organization.

The conference agreement adopts, by reference, language regarding the Appalachian-Turkish Trade Project as proposed by the Senate.

The conference agreement adopts, by reference, language proposed in the House regarding an international competitiveness program and the Office of Textiles.

Of the amounts provided, $500,000 is for a comprehensive study of future domestic demand for steel.

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NATIONAL MARINE FISHERIES SERVICE

The conference agreement includes $639,990,000 for the operations of the National Marine Fisheries Service (NMFS).

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The conferees understand that on February 21, 2003, the National Oceanic and Atmospheric Administration (NOAA) issued new regulations to increase the dimension of Turtle Excluder Device (TED) openings to protect endangered sea turtles. The Final Rule went into effect on April 15, 2003 in the South Atlantic and August 21, 2003, in the Gulf of Mexico. Industry representatives in Louisiana and South Texas have voiced concern about the impact of TEDs on shrimp catch and loss of income for the industry. Conservation groups and scientists, on the other hand, have expressed serious concern over the status of these turtle populations and have threatened litigation to ensure sea turtle protection. The conferees direct NOAA to work with the National Academy of Sciences on a multi-year, comprehensive in-water study designed to accurately measure shrimp fishery effort and the impacts of such effort on sea turtle mortality, including measuring turtle-shrimp trawl interaction in the inshore, nearshore and offshore waters of the Gulf of Mexico and similar geographical locations in the South Atlantic. The conferees expect observers to be placed on the commercial shrimp fishing vessels for the purposes of the study.

The study shall evaluate innovative technologies to increase shrimp retention in TEDs but also ensure the protection of endangered and threatened sea turtles. The National Academy of Sciences shall provide an interim report to the committee every six months summarizing preliminary findings.

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TITLE II—DEPARTMENT OF HEALTH AND HUMAN SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

The conference agreement includes $6,727,937,000 for health resources and services, of which $6,698,437,000 is provided as budget authority and $29,500,000 is made available from the Public Health Service policy evaluation set-aside, instead of $6,252,256,000 as proposed by the House and $5,964,824,000 as proposed by the Senate.

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The conference agreement includes bill language providing $10,000,000 to remain available until expended to establish a National Cord Blood Stem Cell Bank Program within HRSA, which will provide funds to a network of cord blood banks with two specific aims: (1) building an inventory of the highest quality cord blood units for use as unrelated donor grafts for patients who lack human leukocyte antigen (HLA)-matched sibling donors and (2) ensuring an integrated system through which physicians and patients are able to locate a suitably matched cord blood unit or adult volunteer bone marrow donor via a single, electronic access point. The conferees intend that this program be administered by HRSA.

Because this is a new and developing field, the conferees direct HRSA to use $1,000,000 of the funds provided for the cord blood bank to contract with the Institute of Medicine (IOM) to commission a study which shall be completed within twelve months of enactment of this Act. The study should recommend an optimal structure for the cord blood program and address pertinent issues to maximize the potential of this technology, including collection, storage, standards setting, information sharing, distribution, reimbursement, research and outcome measures. The IOM should receive input from experts including: (a) transplant physicians with expertise in the use of cord blood for unrelated marrow transplantation; (b) experts in the analysis of clinical outcomes after bone marrow and cord blood stem cell transplantations; (c) experts on HLA typing for transplantation, especially experts with experience in unrelated cord blood transplantation; (d) experts in medical database development and management and web-based information technology; (e) obstetricians familiar with programs for cord blood donation for public use; (f) experts in cord blood banking; (g) representatives of existing federally-funded and other active cord blood and bone marrow registries; (h) representatives of the Food and Drug Administration (FDA); (i) experts in the accreditation of facilities for cord blood stem cell preparation and transplantation; and (j) representatives of the National Institutes of Health NHLBI Cord Blood Transplantation Study. The conferees expect that no additional monies will be expended until the IOM report is completed and that by the end of fiscal year 2005, HRSA will implement the program following the IOM recommendations. The Secretary shall notify the Appropriations Committees of both Houses of Congress at least fifteen days prior to the release of funds for this program.

The conferees understand that cord blood is part of a continuum of transplantation treatment and support further research in cord blood transplantation. A portion of the cord blood units collected using these funds should be available for the performance of pre-clinical and clinical research focusing on cord blood stem cell biology and the use of umbilical cord blood stem cells for human transplantation and cellular therapies. The conferees recognize the importance of Federal oversight to protect public health and safety, and expect that funds will be directed to cord blood banks that comply with all FDA requirements and have obtained any necessary licenses. The conferees intend that this program should be available to currently established cord blood banks with active collection programs operating under an approved IND from the FDA.

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CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

The conference agreement provides $130,892,197,000 for Medicaid grants as proposed by the House instead of $124,892,197,000 as proposed by the Senate. These funds meet the requirements of the temporary increase in the Federal match rate provided in Public Law 108-27.

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PROGRAM MANAGEMENT

The conference agreement includes $2,664,994,000 for program management instead of $2,698,025,000 as proposed by the House and $2,707,603,000 as proposed by the Senate. An additional appropriation of $720,000,000 has been provided for the Medicare Integrity Program through the Health Insurance Portability and Accountability Act of 1996.

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The conferees are concerned that the proposed Medicare `75% Rule' classifying inpatient rehabilitation facilities (IRFs) would have severe consequences for access to inpatient services. The conferees concur with the Medicare Payment Advisory Commission (MedPAC) finding that further analysis should be conducted to identify which criteria are clinically appropriate for inclusion in the calculation of the rule used to determine eligibility for reimbursement under the IRF prospective payment system. The conferees direct CMS [Note: Centers for Medicare and Medicaid Services] to contract with the Institute of Medicine to issue a report, in consultation with a panel of independent experts in the field of physical medicine and rehabilitation, to establish clinically appropriate standards for medical necessity and clinically appropriate qualification criteria for IRFs. During the study period, the conferees expect the Secretary to delay implementation of the 75% rule, delay implementation of local medical review policies concerning medical necessity, and not accept new IRF applications until the report is finished.

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OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

The conference agreement includes $357,358,000 for general departmental management instead of $343,284,000 as proposed by the House and $344,808,000 as proposed by the Senate, along with $5,851,000 from Medicare trust funds. In addition, $21,552,000 in program evaluation funding is provided. Funds provided include $7,301,000 for the National Vaccine Program Office to comport with the Department’s recent move of this office to the Office of the Secretary from the Centers for Disease Control and Prevention.

The conferees include the amounts within the Office of the Secretary for the following projects and activities in fiscal year 2004 listed below:

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The conferees concur in the requirement in the Senate bill for an Institute of Medicine (IoM) study on mammography standards. The conferees have provided $500,000 to carry out the IoM study as described in the Senate bill. The IoM study should include an evaluation of interpretive skills assessments as a possible tool to improve physician interpretation of mammograms (after consultation with those who have expertise in interactive skills assessments) and how the annual medical outcomes audit required under Mammography Quality Standards Act regulations could be used to improve mammography quality and interpretation.

The conference report does not include within the General Departmental Management account $3,000,000 for the Public Health Service Commissioned Corps transformation and modernization effort as proposed by the Senate. Instead, these funds are provided in the Public Health and Social Services Emergency Fund.

The conferees have included $500,000 for a study by the Institute of Medicine focusing on the state of emergency care in the United States. The study should examine the different roles of emergency departments as emergency care provider, safety net provider, portal of entry provider and disaster response provider, along with an identification of the impediments to successfully performing those roles. The study should also examine workforce issues, including residency training and problems in obtaining emergency physicians in rural areas, information technology and systems issues that relate to speeding access and treatment to emergency patients while improving patient safety, and the development of a research agenda needed to provide the information necessary to ensure that the American people have access to the emergency medical services they require in the future.

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MAMMOGRAPHY STANDARDS

The conference agreement deletes without prejudice A general provision proposed by the Senate providing an additional $500,000 for the IOM to conduct studies concerning mammography standards. The conference agreement incorporates this funding and associated report language into the Office of the Secretary. The House bill contained no similar provision.

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INNOVATION AND IMPROVEMENT

The conference agreement includes $1,106,811,000 for programs in the Innovation and Improvement account, instead of $807,959,000 as proposed by the House and $782,133,000 as proposed by the Senate.

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The conference agreement includes $18,500,000 for advanced credentialing activities instead of $16,500,000 as proposed by the House and $9,935,000 as proposed by the Senate. Within this amount, the conferees intend that $10,000,000 be used to complete the fifth year of a five-year grant to the National Board for Professional Teaching Standards (NBPTS) and $7,000,000 be used to continue a grant to the National Council on Teacher Quality. The conference agreement also includes $1,500,000 to conduct an evaluation of the outcomes of teachers who achieved NBPTS certification versus teachers who did not complete certification and teachers who did not participate in or apply for the program. The conferees direct the Assistant Secretary for the Institute for Education Sciences to contract with the National Academies of Science (NAS) to perform an independent, scientific study using the strongest practical methodology to evaluate the impact of board certification, including an assessment of whether the NBPTS certification model is a cost effective method of improving teacher quality and the extent to which certification makes a difference in student academic achievement. In carrying out this study, the NAS should commission the collection of new data and conduct appropriate, rigorous analyses of such data. The conferees also expect that a similar scientific evaluation will be conducted on the outcomes of the work of the National Council on Teacher Quality (NCTQ) when available data will permit such an assessment and therefore urge NCTQ to begin to incorporate evaluation elements into the program now.

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INSTITUTE OF EDUCATION SCIENCES

The conference agreement includes $478,717,000 for Education Research, Statistics and Improvement instead of $500,599,000 as proposed by the House and $532,956,000 as proposed by the Senate.

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The conferees strongly support the premise that developing, identifying and implementing scientifically based research is critical to the success of the No Child Left Behind Act and to the increased effectiveness generally of education programs and interventions. In particular, the conferees believe that a greater focus must be placed on the use of randomized controlled trials, longitudinal studies, and other research that meets the standards set by the National Research Council. The development of an enhanced research infrastructure will help build a base of research-proven interventions that can be used by educational institutions to help improve the educational outcomes of our Nation's student population. The conferees note that there is a lack of scientifically based education research, such as randomized research trials.

The conferees direct the Assistant Secretary for the Institute of Education Sciences to contract with the National Research Council (NRC) of the National Academies of Science to undertake a study of teacher preparation programs in the United States. The conferees expect this study to synthesize data and research on the academic preparation and educational characteristics of candidates in pre-service, graduate, and alternative certification programs; the specific content and experiences that are provided to candidates for degrees and alternative certification in education; the consistency of the required course work and experiences in reading and mathematics across teacher preparation programs; and the degree to which the content and experiences are based on converging scientific evidence. If the NRC determines that there is insufficient information and research from which to generate a useful synthesis, it may engage in data collection, either by directly contracting with one or more organizations to design and implement surveys and other data collection activities, or by working collaboratively through the National Center for Education Statistics of the Institute of Education Sciences of the U.S. Department of Education, and/or the National Institute of Child Health and Human Development of the U.S. Department of Health and Human Services to enable data collections to support the work of the NRC.

The NRC also should develop a model for collecting information on the content knowledge, pedagogical competence and effectiveness of graduates from teacher education programs and teachers trained in alternative certification programs, and review the needs of schools for high quality teachers, as called for in the No Child Left Behind Act. The conferees expect this work to be conducted for K-12 teachers with a focus on reading, mathematics, and science instruction.

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AVIATION SYSTEM SAFETY

Aeromedical research.—Within the amount provided for aeromedical research, the conference agreement includes $2,500,000 for the studies and analysis called for in the National Research Council’s study on the impact of cabin air quality on crew and passenger health.

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RESEARCH AND ANALYSIS

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National tire efficiency.--Within the amount provided for research and analysis, the conference agreement provides $500,000 for the Secretary of Transportation, through the National Academy of Sciences, to develop and perform a national tire fuel efficiency study and literature review to consider the relationship that low rolling resistance replacement tires designed for use on passenger cars and light trucks have on fuel consumption and tire wear life. The study shall address the potential of securing technically feasible and cost-effective fuel savings from low rolling resistance replacement tires that do not adversely affect tire safety, including the impacts on performance and durability or adversely impact tire tread life and scrap tire disposal, and that does fully consider the average American `drive cycle'. The study shall further address the cost to the consumer including the additional cost of replacement tires and any potential fuel savings. The report shall be submitted to the House and Senate Committees on Appropriations, the House Energy and Commerce Committee, and the Senate Commerce, Science, and Transportation Committee not later than January 1, 2006.

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SCIENCE AND TECHNOLOGY

Appropriates $786,324,000 for science and technology instead of $759,815,000 as proposed by the House and $715,579,000 as proposed by the Senate. The conference agreement includes language which allows the EPA Administrator to certify a grant in a prior year Appropriations Act to San Bernardino, California.

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The conferees direct EPA to contract with the National Academy of Sciences within 60 days of enactment for two separate studies: (1) a study on the health risks to children from residential lead contamination, as proposed by the Senate; and (2) a study of health, safety, and environmental risks of coal combustion wastes used for reclamation in active and abandoned mines.

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MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

Appropriates $155,900,000 for major research equipment and facilities construction instead of $192,330,000 as proposed by the House and $149,680,000 as proposed by the Senate. Included within the appropriated amount is $51,000,000 for construction of the Atacama Large Millimeter Array aperture-synthesis radio telescope; $43,500,000 for EarthScope; $42,000,000 for continued research and development of the IceCube Neutrino Detector Observatory in Antarctica; $8,100,000 for the George E. Brown, Jr. Network for Earthquake Engineering Simulation; $1,300,000 for construction costs associated with the Amundson-Scott South Pole Station; and $10,000,000 for support of the Terascale Computing System and the Distributed Terascale Facility.

The conferees have not provided funding for the National Ecological Observatory Network (NEON) without prejudice. The conferees direct NSF to consider the recommendations in the National Academy of Sciences report and continue to refine the NEON plan from funds provided under research and related activities.

The conferees have not provided funding for the Integrated Ocean Drilling Program (IODP) and instead expect to see funding for this project proposed in the fiscal year 2005 request as stated in the fiscal year 2004 budget justification.

The conferees reiterate language included in the Senate report directing NSF to develop with the National Science Board funding criteria for major projects; directing NSF to identify all equipment, facility, and infrastructure-related costs over $5,000,000 in the fiscal year 2005 budget request; and directing the Deputy Director of Large Facility Projects to develop guidelines and a cost tracking system to ensure cost oversight.

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TITLE IV—GENERAL PROVISIONS

The conference agreement includes the following dispositions of General Provisions:

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Retains a provision proposed by the Senate expanding a National Academy of Sciences study on New Source Review rules.

Retains a provision proposed by the Senate regarding harmonization of dates related to air quality standards for particulate matter and regional haze.

Includes modified language, similar to language proposed by the Senate recognizing the six Pioneer Homes in Alaska as eligible for per diem payments under the Department of Veterans Affairs state home program.

The conferees have included a new general provision which provides authority for the NASA Administrator to exceed the limitation on claims contained in the National Aeronautics and Space Act of 1958.

Deletes language proposed by the Senate regarding Agent Orange studies without prejudice. Instead, the conferees direct the VA to report by February 27, 2004, on the Department’s future plans for epidemiological research on Vietnam veterans exposed to Agent Orange as recommended in April 2003 by the Institute of Medicine (IOM), including the Department’s future resource needs for these studies. The conferees strongly encourage VA to consult with the IOM on this matter.

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HRpt 108-221 - To accompany H.R. 2799 - M
AKING APPROPRIATIONS FOR THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004
House
Appropriations
(7/21/03)
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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The Committee recommendation includes $395,123,000 in total resources for the programs of the International Trade Administration (ITA) for fiscal year 2004, which is $27,285,000 above the current year level, and the same as the request. Of the amounts provided, $13,000,000 is to be derived from fee collections.

The mission of the ITA is to create economic opportunity for U.S. workers and firms by promoting international trade, opening foreign markets, ensuring compliance with trade laws and agreements, and supporting U.S. commercial interests at home and abroad. Recently, the Committee has heard complaints from small- and medium-sized businesses concerned that the ITA is failing to ensure that foreign countries are in compliance with trade laws and agreements. Manufacturers and growers have alleged that ITA actions, particularly with regard to the People’s Republic of China (PRC), have been detrimental to American business interests.

The Committee held a public hearing on May 22, 2003, to assess the efforts of the International Trade Administration, the Bureau of Customs, and the Office of the United States Trade Representative to support U.S. businesses. Based on the testimony at this hearing, the Committee directs the trade agencies to focus greater resources on the efforts of American small- and medium-sized businesses to adapt to a rapidly changing global economy.

The Committee understands the difficulties of attempting to balance both the positive and the negative effects of a free trade agenda. The Committee is steadfast in its support of America’s trade policy to create growth and raise living standards around the globe, and in return to increase the benefits to U.S. workers, farmers, consumers, and businesses. Yet, the U.S. Government must uphold its responsibility to enforce trade laws, particularly with China. If trading partners do not abide by the rules that are set in the global trading system, then U.S. firms are not competing on a level playing field.

The United States government has an obligation to ensure American companies are not forced to compete with foreign companies that are engaged in unfair trading practices.

Trade Policy Body Review.—In light of the concerns outlined by the Committee, the Committee is requesting that the General Accounting Office (GAO) monitor the efforts of the U.S. Government agencies responsible for ensuring a free and fair trade process and provide the Committee with an alternative assessment of performance. The Committee expects the GAO to consult with the U.S.-China Economic and Security Review Commission in this review. The GAO review should also address efforts of the U.S. Government agencies to allow for public discourse regarding the effects of U.S trade policy on the U.S. economy and security for the next decade.

Reports.—The Committee directs the Secretary of Commerce, in consultation with the U.S.-China Economic and Security Review Commission, as appropriate, to research and report back to the Committee regarding the following:

China’s industrial policies, including “pillar” sectors, technology acquisitions through joint ventures, various forms of subsidization, and the short and long-term implications of the modernization of those industries for the U.S. economy, industry, and employees;

Exports from China’s state enterprises, the types and amounts of subsidies provided, and the longer-term effects of such exports/subsidies on specific U.S. industries;

Various means to compensate losses of U.S. intellectual property holders created by China’s inability to meet its WTO intellectual property commitments;

Shifts of research and development from the United States to China, the nature of the 134 major foreign research and development corporate complexes now identified by the People’s Republic of China, the prospects for future European Union, Japanese, and United States research and development shifts to China, and the resulting implications to U.S. capacities;

Items on the U.S.-China Advanced Technology Trade list cross-referenced to the items on the Department of Defense’s Critical Technology List, and what part of total U.S. purchases of these items are imported from China;

An analysis of the extent of professional service outsourcing that now exists and is projected from the United States, the ultimate location of that outsourcing, and quantifications of the longer-term consequences to affected U.S. professions, such as software engineering;

A survey of business groups on the extent to which U.S. manufacturers and their supply chains are relocating to China.

The Committee expects this report to be provided to the Committee no later than March 17, 2004.

The Committee directs the National Academy of Sciences to conduct a study regarding foreign content in U.S. exports and U.S. content in foreign imports. Within the amounts provided, the National Academy of Sciences is expected to make its best assessment of the readily available information and, if necessary, to identify proxy measures. Of the amounts provided, $300,000 is for this purpose.

Reorganization.—After review of information provided to the Committee, the Committee has determined that the ITA organizational structure does not support the requirements of the ITA mission. It has been nearly two decades since the organizational structure has been adapted to reflect the changing economic climate. In 1980, the U.S. had a trade deficit of $19.4 billion. In 2002, the U.S. had a trade deficit of $418.4 billion.

The Committee recommendation includes a proposal to realign resources to reflect the changing trading landscape. The Committee has realigned resources of the agency to better enable the agency to perform. Overall, the reorganization clarifies the mission of each Assistant Secretary and realigns resources to strengthen new priorities in manufacturing and services to improve customer service, to create a better analytic basis for U.S. trade policies and negotiations, and to address the root causes of unfair trade practices.

The proposed structure would enable ITA to consolidate all trade promotion efforts under the Assistant Secretary for Trade Promotion to focus efforts on adapting the domestic industry to the global market; to consolidate analytical resources under an Assistant Secretary for Manufacturing and Services, to dedicate more resources to China, the largest subject of trade complaints; and to strengthen the tools necessary to stamp out the root causes of unfair trade through an enhanced policy and negotiations unit.

Trade Promotion.—The Committee understands that as part of the President’s Management Agenda, the Secretary of Commerce has tasked key export promotion agencies—through the Trade Promotion Coordinating Committee—to respond more directly to their clients by developing programs that represent global best practices in terms of efficient delivery and quality of service. The Committee understands the Export-Import Bank and the Overseas Private Investment Corporation have responded to that challenge, streamlining their operations and procedures to improve customer service. The Committee’s proposal will streamline the ITA’s operations and procedures to enable the promotion of U.S. goods and services. Specifically, the proposal would allow for the following:

The combination of all market research, counseling, and matchmaking services under the Assistant Secretary for Trade Promotion, thereby providing clients with a “one-stop shop”;

The integration of all call centers with the domestic field personnel staff to improve client referral and management;

The provision of trade finance advice to small businesses and better leveraging the services of other finance agencies in the domestic field offices; and

The integration of the Advocacy Center under this heading to establish closer links to the overseas posts to facilitate early project identification, to increase project competition support, and to improve post-transaction assistance.

The Committee recommendation includes $217,040,000 for the Trade Promotion unit, including a transfer of $1,500,000 for the Advocacy Center and $2,100,000 for the Trade Information Center from the Trade Development unit. Of the amounts provided, $2,100,000 is to establish a Middle East Business Information Center and a China Business Information Center. The Committee commends the exemplary work of the employees at the Trade Information Center.

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HR2660 Regula (R - Ohio) 9/10/03
Engrossed Amendment Senate

An original bill making appropriations for the Department of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2004, and for other purposes.
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(TRANSFER OF FUNDS)

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SEC. 225. STUDIES CONCERNING MAMMOGRAPHY STANDARDS. (a) STUDY BY GAO.—

(1) IN GENERAL.—The Comptroller General of the United States shall conduct a study of the program established under the Mammography Quality Standards Act of 1992 (section 354 of the Public Health Service Act (42 U.S.C. 263b)) (referred to in this section as the “MQSA”) to—

(A) evaluate the demonstration program regarding frequency of inspections authorized under section 354(g) of the Public Health Service Act (42 U.S.C. 263b(g)), including the effect of the program on compliance with the MQSA;

(B) evaluate the factors that contributed to the closing of the approximately 700 mammography facilities nationwide since 2001, whether those closings were due to consolidation or were a true reduction in mammography availability, explore the relationship between certified units and facility capacity, and evaluate capacity issues, and determine the effect these and other closings have had on the accessibility of mammography services, including for underserved populations, since the April 2002 General Accounting Office report on access to mammography; and

(C) evaluate the role of States in acting as accreditation bodies or certification bodies, or both, in addition to inspection agents under the MQSA, and in acting as accreditation bodies for facilities in other States and determine whether and how these roles affect the system of checks and balances within the MQSA.

(2) REPORT.—Not later than 16 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report on the study described in paragraph (1).

(b) STUDY BY THE INSTITUTE OF MEDICINE.—

(1) IN GENERAL.—Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall enter into an agreement with the Institute of Medicine of the National Academy of Sciences for the conduct of a study and the making of recommendations regarding the following:

(A) Ways to improve physicians’ interpretations of mammograms, including approaches that could be taken under the MQSA without negatively impacting access to quality mammography.

(B) What changes could be made in the MQSA to improve mammography quality, including additional regulatory requirements that would improve quality, as well as the reduction or modification of regulatory requirements that do not contribute to quality mammography, or are no longer necessary to ensure quality mammography. Such reduction or modification of regulatory requirements and improvements in the efficiency of the program are important to help eliminate disincentives to enter or remain in the field of mammography.

(C) Ways, including incentives, to ensure that sufficient numbers of adequately trained personnel at all levels are recruited and retained to provide quality mammography services.

(D)(i) How data currently collected under the MQSA could be used to improve the quality, interpretation of, and access to mammography.

(ii) Identification of new data points that could be collected to aid in the monitoring and assessment of mammography quality and access.

(E) Other approaches that would improve the quality of and access to mammography services, including approaches to improving provisions under the MQSA.

(F) Steps that should be taken to help make available safe and effective new screening and diagnostic devices and tests for breast cancer.

(2) REPORT.—Not later than 15 months after the date on which the agreement is entered into under paragraph (1), the Institute of Medicine shall complete the study described under such subsection and submit a report to the Secretary of Health and Human Services, the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives.

(3) FUNDING.—Of the amounts appropriated under this title to the Office of the Secretary of Health and Human Services for general departmental management, $500,000 shall be made available to carry out the study under this subsection.

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SRpt 108-143 - To accompany S. 1584 - DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND
URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS BILL, 2004
Senate Appropriations
(9/5/03)
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COMMITTEE RECOMMENDATION

The Committee recommends $715,579,000 for science and technology, $15,904,000 below the budget request and the same as the enacted level. In addition, the Committee recommends the transfer of $45,000,000 from the Superfund account, for a total of $760,579,000 for science and technology.

The Committee supports the budget request for the Office of Enforcement and Compliance Assurance [OECA] activities within the Science and Technology.

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+$600,000 for a National Academy of Sciences study of the health risks to children from residential lead contamination;

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