Public Law
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 of Sciences,
Engineering, and Medicine. (Pound signs [##] between passages denote
the deletion of unrelated text.)
HR2029 Dent (R-Pa.) 12/18/15
Enrolled (finally passed both
houses)
[M]aking appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2016, and for other purposes.
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DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT,
2016
######
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
######
Sec. 735. (a) Not later than 30 days after the date of the
enactment of this Act, the Secretary of Agriculture shall engage the National Academy
of Medicine to conduct a comprehensive study of the entire
process used to establish the Advisory Committee for the Dietary
Guidelines for Americans and the subsequent development of the
Dietary Guidelines for Americans, most recently revised pursuant
to section 301 of the National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341). The panel of the National
Academy of Medicine selected to conduct the study shall include
a balanced representation of individuals with broad experiences
and viewpoints regarding nutritional and dietary
information.
(b) The study required by subsection (a) shall include the
following:
(1) An analysis of each of the
following:
(A) How the Dietary Guidelines for
Americans can better prevent chronic disease, ensure nutritional
sufficiency for all Americans, and accommodate a range of
individual factors, including age, gender, and metabolic
health.
(B) How the advisory committee selection
process can be improved to provide more transparency, eliminate
bias, and include committee members with a range of
viewpoints.
(C) How the Nutrition Evidence Library is
compiled and utilized, including whether Nutrition Evidence
Library reviews and other systematic reviews and data analysis
are conducted according to rigorous and objective scientific
standards.
(D) How systematic reviews are conducted
on longstanding Dietary Guidelines for Americans
recommendations, including whether scientific studies are
included from scientists with a range of viewpoints.
(2)
Recommendations to improve the process used to establish the
Dietary Guidelines for Americans and to ensure the Dietary
Guidelines for Americans reflect balanced sound science.
(c) There is hereby appropriated $1,000,000 to conduct the
study required by subsection (a).
######
DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2016
######
TITLE VI
GENERAL PROVISIONS—THIS ACT
(INCLUDING RESCISSION)
######
Sec. 629. During fiscal year 2016, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published by
the Consumer Product Safety Commission in the Federal Register on
November 19, 2014 (79 Fed. Reg. 68964) until after—
(1) the National Academy of Sciences, in consultation with the
National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine—
(A)
the technical validity of the lateral stability and vehicle
handling requirements proposed by such standard for purposes of
reducing the risk of Recreational Off-Highway Vehicle (referred
to in this section as “ROV”) rollovers in the off-road
environment, including the repeatability and reproducibility of
testing for compliance with such requirements;
(B)
the number of ROV rollovers that would be prevented if the
proposed requirements were adopted;
(C) whether there
is a technical basis for the proposal to provide information on
a point-of-sale hangtag about a ROV’s rollover resistance on a
progressive scale; and
(D) the effect on the utility
of ROVs used by the United States military if the proposed
requirements were adopted; and
(2) a report
containing the results of the study completed under paragraph
(1) is delivered to—
(A) the Committee on Commerce,
Science, and Transportation of the Senate;
(B) the
Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations
of the Senate; and
(D) the Committee on
Appropriations of the House of Representatives.
######
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
######
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
######
NATIONAL INSTITUTES OF HEALTH
######
OFFICE OF THE DIRECTOR
For carrying out the responsibilities of the Office of the Director,
NIH, $1,558,600,000, of which up to $30,000,000 may be used to carry
out section 215 of this Act: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor
vehicles for replacement only: Provided further, That all funds
credited to the NIH Management Fund shall remain available for one
fiscal year after the fiscal year in which they are deposited:
Provided further, That $165,000,000 shall be for the National
Children’s Study Follow-on: Provided further, That NIH shall submit
a spend plan on the next phase of the study in the previous proviso
to the Committees on Appropriations of the House of Representatives
and the Senate not later than 90 days after the date of enactment of
this Act: Provided further, That $663,039,000 shall be available for
the Common Fund established under section 402A(c)(1) of the PHS Act:
Provided further, That of the funds provided, $10,000 shall be for
official reception and representation expenses when specifically
approved by the Director of the NIH: Provided further, That the
Office of AIDS Research within the Office of the Director of the NIH
may spend up to $8,000,000 to make grants for construction or
renovation of facilities as provided for in section 2354(a)(5)(B) of
the PHS Act: Provided further, That up to $130,000,000 of the funds
provided to the Common Fund are available to support the trans-NIH
Precision Medicine Initiative: Provided further, That of the amount provided to the NIH, the
Director of the NIH shall enter into an agreement with the
National Academy of Sciences, as part of the studies conducted
under section 489 of the PHS Act, to conduct a comprehensive
study on policies affecting the next generation of researchers
in the United States: Provided further, That, of the funds from Institute, Center, and
Office of the Director accounts within “Department of Health and
Human Services, National Institutes of Health,” in order to
strengthen privacy protections for human research participants, NIH
shall require investigators receiving NIH funding for new and
competing research projects designed to generate and analyze large
volumes of data derived from human research participants to obtain a
certificate of confidentiality.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of
the PHS Act (relating to pediatric research), as authorized in the
Gabriella Miller Kids First Research Act.
######
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EXPLANATORY
STATEMENT SUBMITTED BY MR. ROGERS OF KENTUCKY, CHAIRMAN OF THE HOUSE
COMMITTEE ON APPROPRIATIONS REGARDING HOUSE AMENDMENT #1 TO THE
SENATE
AMENDMENT ON H.R. 2029, CONSOLIDATED APPROPRIATIONS ACT, 2016
(12/15/15)
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The
following is an explanation of the Consolidated Appropriations Act,
2016.
######
DIVISION A- AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT,
2016
CONGRESSIONAL DIRECTIVES
The explanatory statement is silent on provisions that were in both
the House Report (H.Rpt. 114-205) and Senate Report (S.Rpt. 114-82) that remain unchanged by this agreement, except as noted in this
explanatory statement.
The agreement restates that
executive branch wishes cannot substitute for Congress's own
statements as to the best evidence of congressional intentions,
which are the official reports of the Congress. The agreement
further points out that funds in this Act must be used for the
purposes for which appropriated, as required by section 1301 of
title 31 of the United States Code, which provides: "Appropriations
shall be applied only to the objects for which the appropriations
were made except as otherwise provided by law."
The House and Senate report language that is not changed by the
explanatory statement is approved and indicates congressional
intentions. The explanatory statement, while repeating some report language for
emphasis, does not intend to negate the language referred to above
unless expressly provided herein.
######
TITLE I
AGRICULTURAL PROGRAMS
PRODUCTION, PROCESSING, AND MARKETING
OFFICE OF THE SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $45,555,000 for the Office of the
Secretary.
Congress continues to be concerned about the quality of scientific
evidence and extraneous factors that were included in the 2015
Dietary Guidelines Advisory Committee’s Scientific Report. Such
concerns have been conveyed to the Secretary of Agriculture and
Secretary of Health and Human Services in public hearings. To ensure
the guidelines adhere to the nutritional and dietary scope of the
law and are based upon sound science, bill language has been
included clearly stating that the final guidelines cannot be
released or implemented unless they are based upon significant
scientific agreement and adhere to the statutory mandate.
Questions have been raised about the scientific integrity of the
process in developing the dietary guidelines and whether balanced
nutritional information is reaching the public. The entire process
used to formulate and establish the guidelines needs to be reviewed
before future guidelines are issued. It is imperative that the
guidelines be based upon strong, balanced science and focus on
providing consumers with dietary and nutritional information that
will assist them in eating a healthy and balanced diet. At a
minimum, the process should include: full transparency, a lack of
bias, and the inclusion and consideration of all of the latest
available research and scientific evidence, even that which
challenges current dietary recommendations. The agreement provides $1,000,000 to review the dietary
guideline process.
As the panel is selected to conduct the study, the agreement
expects members of the 2015 Dietary Guidelines Advisory
Committee to recuse themselves from this process to ensure
objectivity. The agreement encourages that stakeholders
representing a wide range of viewpoints be engaged for input
before the study begins in order to hear the various concerns
surrounding the current process. The agreement directs the
National Academy of Medicine to provide quarterly reports
informing the Committees on the status of the study.
######
FOOD AND NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $22,149,746,000 for Child Nutrition Programs.
Included in the total is an appropriated amount of $13,280,101,000
and a transfer from Section 32 of $8,869,645,000.
Section 741 provides an additional one-time increase of $5,000,000
for school meals equipment grants and $7,000,000 for summer EBT
demonstration projects, bringing the total program levels for fiscal
year 2016 to $30,000,000 and $23,000,000, respectively.
Concerns remain about the challenges and costs that local schools
face in implementing the Healthy, Hunger-Free Kids Act of 2010. Some
schools are continuing to have difficulty complying with the whole
grain requirements that went into effect on July 1, 2014, and there
continues to be concern with further reductions in the sodium
requirements for school meals. The Secretary provided guidance to
States so that exemptions could be offered to school food
authorities demonstrating a hardship from the current whole grain
standards, as required by the fiscal year 2015 appropriations Act.
This flexibility is extended for the 2016-17 school year. The
agreement also continues a provision that sodium standards cannot be
reduced below Target 1 until the latest scientific research
establishes the reduction is beneficial for children.
######
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
######
The agreement provides $1,000,000 for the Center for Tobacco
Products to enter into a contract with the Institute of Medicine
to conduct an in-depth evaluation of available evidence of
health effects from e-cigarettes and recommendations for future
federally funded research.
######
DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2016
Language included in House Report 114-194 or Senate Report
114-97 that is not changed by this explanatory statement is
approved. This explanatory statement, while repeating some report language
for emphasis, is not intended to negate the language referenced in
the House and Senate Committee reports unless expressly provided
herein.
######
TITLE V—INDEPENDENT AGENCIES
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
SALARIES AND EXPENSES
The bill provides $3,100,000, to remain available until September
30, 2017, for the Administrative Conference of the United States.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
The bill includes $125,000,000 for the Consumer Product Safety
Commission (CPSC). Within the amount provided, $1,000,000 is for
test burden reduction.
Recreational Off-highway Vehicles.— In lieu of House report
language regarding Recreational Off-highway Vehicles (ROVs), the bill includes section 629 prohibiting the use of Federal
funds in fiscal year 2016 for the adoption or implementation of
the proposed rule on ROVs until a study by the National Academy
of Sciences is completed.
Voluntary Recalls and Public Disclosure.—The bill does not
adopt House report language regarding voluntary recalls and public
disclosures of information.
######
TITLE VI—GENERAL PROVISIONS—THIS ACT (INCLUDING
RESCISSION)
The bill includes the following provisions:
Section 629 prohibits funds from being used in fiscal year 2016
to finalize or implement the proposed rule on recreational
off-highway vehicles until a study is completed by the National
Academy of Sciences.
######
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
The following statement is an explanation of the effects of Division
G, which makes appropriations for the Department of the Interior,
the Environmental Protection Agency (EPA), the Forest Service, the
Indian Health Service, and related agencies for fiscal year 2016.
Report language contained in House Report 114-170 and Senate
Report 114-70 providing specific guidance to agencies regarding
the administration of appropriated funds and any corresponding
reporting requirements carries the same emphasis as the language
included in this explanatory statement and should be complied
with unless specifically addressed to the contrary herein. This
explanatory statement, while repeating some language for
emphasis, is not intended to negate the language referred to
above unless expressly provided herein.
#####
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
The agreement provides $1,072,675,000 for Management of Lands and
Resources. In addition to the funding allocation table at the end of
this explanatory statement, the agreement includes the following
instructions:
Wild Horses and Burros.—The Bureau is encouraged to continue to implement the reforms
recommended by the 2013 National Academy of Sciences’ report,
reduce the number of horses and burros in long-term holding,
appropriately manage herds affected by drought, and address the
effects of herds on rangeland, riparian areas, and sage-grouse
habitat.
######
TITLE II—ENVIRONMENTAL PROTECTION AGENCY
######
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
######
Conflicts of Interest.—The Agency has not yet resolved
long-standing questions regarding conflicts of interest that have
spanned multiple Administrations. For fiscal year 2016, the
Administrator shall develop a policy statement on science quality
and integrity that shall be adhered to by the Science Advisory Board
(SAB) and all Board members. Such policy statement shall be
consistent with the Federal Advisory Committee Act, the Ethics in
Government Act, and all other applicable Federal laws and
regulations. EPA’s policy statement should include goals on increasing
membership from States and tribes who are often
underrepresented, as noted in the May 2014 National Academy of
Sciences review of EPA’s IRIS program. Should the Administrator decide that financial-related metrics are
appropriate to identify conflicts-of-interest or bias, then EPA’s
policy shall also include an evaluation of potential bias based on a
variety of factors including receipt of former and current Federal
grants or public statements or positions as well as other
appropriate safeguards to ensure balance amongst SAB and other
advisory board experts. In addition, the policy statement shall
include direction on the treatment of public comments and responses
to such comments.
When complete, the Committees direct EPA to submit the draft policy
statement to the U.S. Government Accountability Office (GAO) for
review of the updated conflict of interest policy, policy for
committee composition and balance, and eligibility requirements for
service on the SAB that will ensure fairness and objectivity. GAO
shall determine if the updated policies meet the intent of the
directives above and, if so, shall certify to the Committees on
Appropriations that EPA’s conflict of interest policies offer a
balanced framework. The Agency is directed to submit these required
documents to GAO for review no later than 90 days from the date of
enactment of this Act.
######
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,088,769,000 for the Hazardous Substance
Superfund account and includes bill language to transfer $9,939,000
to the Office of Inspector General account and $18,850,000 to the
Science and Technology account. The bill provides the following
additional direction:
Superfund Cleanup.—The Committees understand the funding is
insufficient to eliminate the backlog of unfunded new starts but the
Committees expect the Agency will use funds provided to initiate
remediation at highly contaminated, orphan sites and support
remedial pipeline activities that are critical prior to
construction.
Financial Assurance.—Prior to proposing any rule pursuant
to section 108(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9608(b)), the
Administrator is directed to collect and analyze information from
the commercial insurance and financial industries regarding the use
and availability of necessary instruments (including surety bonds,
letters of credit and insurance) for meeting any new financial
responsibility requirements and to make that analysis available to
the House and Senate Committees on Appropriations and to the general
public on the Agency website 90 days prior to a proposed rulemaking.
In addition, the analysis shall include the Agency’s plan to avoid
requiring financial assurances that are duplicative of those already
required by other Federal agencies.
Lead at Superfund Sites.—The agreement includes the directive in the House and Senate
Reports that the Agency contract with the National Academy of
Sciences to conduct a study of lead at Superfund sites. The
agreement narrows the scope of the study to Superfund sites
within, adjacent or proximal to the nation’s largest lead mining
districts. The Agency’s authority shall not be impacted during
the pendency of the study.
######
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
In implementing this agreement, the Departments and agencies should
be guided by the language and instructions set forth in House Report
114-195 accompanying the House bill, H.R. 3020, and Senate Report
114-74 accompanying the Senate bill, S. 1695.
Where the explanatory statement speaks to an issue that was
addressed in the House or Senate reports, the explanatory
statement should supersede the language in the House or Senate
reports. In cases where the House Report and the Senate Report address a
particular issue not specifically cited in the explanatory
statement, the House Report and the Senate Report should be complied
with and carry the same emphasis as the language included in the
explanatory statement.
######
TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
######
MINE SAFETY AND HEALTH ADMINISTRATION
The Mine Safety and Health Administration (MSHA) is directed to
provide assistance and data necessary for the National Academy
of Sciences study provided in the Centers for Disease Control
and Prevention, National Institute of Occupational Safety and
Health account. MSHA is directed to report to the Committees on Appropriations of
the House of Representatives and the Senate and authorizing
committees of jurisdiction within 72 hours of determining that
compliance rates under the new sampling protocols taking effect in
2016 fall below 95 percent, and to provide such committees with
quarterly reports on actual compliance rates under the new coal dust
rule.
######
TITLE II—DEPARTMENT OF HEALTH AND HUMAN SERVICES
######
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
######
National Academy of Sciences (NAS) Review.—The
agreement provides $1,800,000 within the Mining Research funding
line and directs the NIOSH Director to charter a NAS review
within 90 days of enactment of this Act. Specifically the NAS
effort should examine and describe: current monitoring and
sampling protocols and requirements to understand miners’
occupational exposure to respirable coal mine dust in the United
States and other industrialized countries; coal mine dust
composition and application procedures, including the impact of
new rock dust mixtures and regulatory requirements; monitoring
and sampling technologies, and sampling protocols and frequency;
and the efficacy of those technologies and protocols in aiding
decisions regarding the control of respirable coal mine dust and
mine worker exposure. The NAS study will develop science-based
conclusions regarding optimal monitoring and sampling strategies
that support mine operational decision making as it relates to
reducing miner respirable coal mine dust exposure. It is
expected the report will be completed within 12 months after
enactment of this Act.
######
CDC WIDE ACTIVITIES
######
Sodium Consumption.—The agreement notes that a growing body
of evidence suggests low sodium consumption can lead to health
problems in healthy individuals. The U.S. and Canadian governments
each established Federal Dietary Reference Intake (DRI) Committees
that work to identify DRI needs and coordinate government
sponsorship of DRI reviews. The DRI’s reflect nutrient reference
values, and are based on significant, new, and relevant data. In
August 2014, four nutrient areas for updated DRIs were selected,
including sodium. The agreement requests an update in the fiscal
year 2017 budget request on the timeline and plan for the update of
the DRI for sodium.
######
NATIONAL INSTITUTES OF HEALTH
######
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES
(NCATS)
Clinical and Translational Science Awards (CTSA).—The agreement provides $500,000,000 for the CTSA program, an
increase of $25,254,000 above fiscal year 2015, to implement the
recommendations from the 2013 Institute of Medicine report on
CTSA. In particular, the agreement supports the goal of using
CTSA to build networking capacity and support for innovative
collaborative projects. Additional funding is included to allow the program to retain its
merit-based CTSA funding to institutions while expanding the network
capacity to conduct multi-site clinical studies and collaborative
projects.
######
ADMINISTRATION FOR CHILDREN AND FAMILIES
######
CHILDREN AND FAMILIES SERVICES PROGRAMS
######
Child Abuse and Neglect.—The agreement is aware of the recommendations contained within
the Institute of Medicine’s (IOM) New Directions in Child Abuse
and Neglect Research report as well as other federally supported
research. The agreement encourages the Administration for
Children and Families (ACF), in conjunction with other relevant
agencies in HHS, such as NIH or SAMHSA, to synthesize research
done by IOM and other federal partners to identify gaps in this
area and to develop a peer reviewed approach to address research
gaps related to child abuse and neglect.
Child Welfare Research, Training and Demonstration.—The
agreement includes funding within this program to continue the
National Survey of Child and Adolescent Well-Being.
Social Services and Income Maintenance Research.—The agreement includes $750,000 for the Secretary to enter into
an agreement with the National Academy of Sciences to provide an
evidence-based, non-partisan analysis of the macroeconomic,
health, and crime/social costs of child poverty, to study
current efforts aimed at reducing poverty, and to propose
recommendations with the goal of reducing the number of children
living in poverty in the United States by half in 10
years.
######
DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2016
CONGRESSIONAL DIRECTIVES
The language and allocations set forth in the House report (House
Report 114-129) and the Senate report (Senate Report 114-75) should
be complied with unless specifically addressed to the contrary in
this division or explanatory statement. Report language included by
the House, which is not changed by this explanatory statement, and
the Senate report language, which is not changed by this explanatory
statement, is a result of the 2016 appropriations agreement. The
explanatory statement, while repeating some report language for
emphasis, does not intend to negate the language referred to above
unless expressly provided herein. In cases where the House or the
Senate has directed the submission of a report, such report is to be
submitted to both the House and Senate Committees on Appropriations.
The Department of Transportation and the Department of Housing and
Urban Development are directed to notify the House and Senate
Committees on Appropriations seven days prior to the announcement of
a new program or authority. Any reprogramming requests must be
submitted to the House and Senate Committees on Appropriations no
later than June 30, 2016.
######
TITLE I—DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
######
Comprehensive truck size and weight limits study.—The
agreement includes a provision that requires the Secretary to
transmit to Congress the final Comprehensive Truck Size and Weight
Limits Study, as mandated by MAP-21, within 60 days of enactment of
this Act. The Department of Transportation released a Technical
Report in June which examined six alternate truck
configurations. The Transportation Research Board (TRB) has acknowledged that
the Department’s efforts to conduct the study are hampered by
data limitations; however, according to the TRB peer-review
committee, the technical report lacks a consistent and complete
quantitative summary of the evaluations of the alternative
configuration scenarios and presents impact estimates using
inconsistent units of measure which prevents the reader from
weighing costs, benefits, and trade-offs. The TRB committee
notes possible instances of bias, assumptions, and possible
misinterpretation of data in the report. The Committees view the Technical Report, particularly the
Department’s misrepresentation of the data limitations, as an
unsatisfactory document that makes no progress on meeting the
Department’s responsibilities under the MAP-21 mandate.
######
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SRpt
114-82 - To accompany S. 1800 – [M]aking appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30,
2016, and for other purposes, reports favorably thereon and
recommends that the bill do pass.
(7/16/15)
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######
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN [WIC]
######
COMMITTEE RECOMMENDATIONS
The Committee recommends an appropriation of $6,513,000,000 for the
Special Supplemental Food Program for Women, Infants, and Children
[WIC].
The Committee recommendation fully funds estimated WIC participation
in fiscal year 2016. The Committee recommendation includes
$60,000,000 for breastfeeding support initiatives, $13,600,000 for
infrastructure, and $55,000,000 for management information systems.
WIC Food Package.—The Committee understands the Department is working with the
Institute of Medicine to make recommendations to update the WIC
food packages to reflect current science and cultural
factors. The Committee maintains its interest in the recommendations that
will be made regarding the fish species that scientific evidence
shows to be low in mercury and are in other respects nutritious,
including wild salmon, for inclusion in WIC Food Packages IV, V, VI,
and VII that serve children age 1 to 4 years and pregnant,
postpartum, and breastfeeding women. The Committee expects the
Department to conduct a thorough and efficient review of this
question and issue its final report in a timely manner.
######
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
######
Sodium.—The Committee is concerned about FDA’s continued focus on
voluntary sodium reductions and the Institute of Medicine’s
[IOM] 2010 recommendation to modify the Generally Recognized as
Safe [GRAS] status of sodium, particularly given the ongoing
scientific discussion regarding appropriate sodium intake to
maintain positive health. The IOM published a more recent study
in 2013, which concluded additional research may provide further
information with respect to the health effects of sodium intake
on general and sub populations. The Committee recommends that a
panel be convened, at the IOM or another leading Federal
institution, which includes a representative array of research
perspectives, including those who have raised concerns on the
safety of low-sodium diets. The Committee does not believe any
sodium reduction activities should be finalized until the
disagreement between the impact of lower sodium on blood
pressure (and an extrapolation to health) and direct research
suggesting a negative impact of very low-sodium intakes is
resolved.
######
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HRpt
114-194 - To accompany H.R. 2995 – [M]aking appropriations for
financial services and general government for the fiscal year ending
September 30, 2016.
(7/9/15)
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######
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
######
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $122,000,000 for the
CPSC for fiscal year 2016. Within the amount provided under this heading, $700,000 is for
CPSC to contract with the National Academy of Sciences and in
consultation with the Secretary of Defense and the Administrator
of the National Highway Traffic Safety Administration to study
the vehicle handling requirements proposed by the Commission for
recreational off-highway vehicles. The Committee directs CPSC to submit the report to the Committees
on Appropriations of the House and Senate within 120 days of
enactment of this Act.
######
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SRpt
114-97 - To accompany S. 1910 – [M]aking appropriations for
financial services and general government for the fiscal year ending
September 30, 2016, and for other purposes, reports favorably
thereon without amendment and recommends that the bill do pass.
(7/30/15)
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CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
######
COMMITTEE RECOMMENDATION
######
Recreational Off-highway Vehicles.—The Committee is
concerned with the Commission’s decision to pursue a rulemaking
regarding recreational off-highway vehicles [ROVs]. The Committee
notes the ROV industry recently updated its voluntary standards and
continues to evaluate potential design enhancements to improve rider
safety. Numerous industry groups, stakeholders, and lawmakers have
expressed concerns regarding the Commission’s methods of evaluating
data and ensuring an open and transparent process. The bill includes provisions in title VI to require the
National Academy of Sciences, in consultation with the National
Highway Traffic Safety Administration and the Department of
Defense, to examine the proposed mandatory design standards
prior to CPSC finalizing any rulemaking.
######
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
######
COMMITTEE RECOMMENDATION
######
Sports Concussion.—According to the Centers for Disease
Control and Prevention, a concussion is a type of traumatic brain
injury that can occur in any sport or recreation activity.
Given the potential for real injury to children, the Committee
encourages the FTC to remain vigilant in its enforcement efforts
against potential unfair and deceptive practices related to sports
concussion. The FTC should review any National Academies’ report on
sports-related concussions in youth for any matter that may
inform efforts to protect consumers from unfair or deceptive
practices in or affecting commerce.
######
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HRpt
114-170 - To accompany H.R. 2822 – [M]aking appropriations for the
Department of the Interior, the Environmental Protection Agency, and
Related Agencies for the fiscal year ending September 30, 2016.
(6/18/15)
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TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
######
Wild Horse and Burro Management.—The Committee
recommends $77,245,000 to implement Public Law 92-195 (16 U.S.C.
1331 et seq.) requiring the protection, management, and control of
free-roaming horses and burros on public lands, equal to the fiscal
year 2015 enacted level and $3,310,000 below the budget request.
Within this amount, the Committee recommends $1,000,000 to continue
to study and test the feasibility of implementing a scientifically
sound and humane sterilization program in partnership with
universities and non-profit organizations. The Committee supports
continued research to develop and refine a variety of
fertility-control methods, including immunocontraceptives, which
allow for self-sustaining populations of wild horses and burros
while maintaining the genetic viability of the protected herds.
The Committee also remains concerned about the large number of
horses that are held in long-term holding. Given the increasing
costs of operating the program, the Committee encourages BLM to
increase the development and use of population control measures
and to begin implementation of the recommendations of the
National Academy of Sciences regarding the use of currently
available fertility control methods while research
continues.
The bill continues a prohibition on funds to implement Section
1333(b)(2)(C) of Title 16, United States Code, requiring the humane
destruction of excess animals that are not adopted. The bill also
continues a general provision within Title I allowing the BLM to
enter into long-term contracts and agreements for holding facilities
off the range.
######
TITLE II—ENVIRONMENTAL PROTECTION AGENCY
######
SCIENCE AND TECHNOLOGY
######
Validation and Reproducibility of Scientifically Significant
Studies.—The National Academy of Sciences has acknowledged that
reproducibility of research results is fundamental to the
scientific process. The Committee understands that EPA is likely to rely on the
findings of the Zhang et al. (Cancer Epidemiol Biomarkers Prev; 2010
Jan; 19(1); 80-88) study for scientifically significant decisions in
fiscal year 2016. This study, however, has drawn criticisms about
its methods and interpretations. Given the public health importance
of the findings of this study, validation of the findings is
crucial. Therefore, EPA is directed to develop a peer-reviewed
protocol to replicate the scientific findings of this study.
Following development of the protocol, the Agency is directed to
issue a request for proposals and award a contract to conduct this
replication study. Further, EPA is directed to incorporate the
results of the replication study into any draft or final scientific
assessments prior to making such assessments publicly available.
######
HAZARDOUS SUBSTANCE SUPERFUND
######
Lead at Superfund Sites.—Using the funds provided, the Administrator of the Environmental Protection Agency shall
contract with the National Academy of Sciences to conduct a
study of the sources of lead in the environment at each
designated Superfund site that is proximal to a historic surface
lead mining district. The study shall focus on whether naturally
occurring lead, lead-based paint, and the consumer use of
products containing lead are significant sources of lead at such
sites. The Administrator shall transmit to Congress a report
containing the results of the study not later than one year
after the date of enactment of this Act.
######
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SRpt
114-70 - To accompany S. 1645 – [M]aking appropriations for the
Department of the Interior, environment, and related agencies for
the fiscal year ending September 30, 2016, and for other purposes,
reports favorably thereon and recommends that the bill do pass.
(6/23/15)
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TITLE II
ENVIRONMENTAL PROTECTION AGENCY
######
SCIENCE AND TECHNOLOGY
######
Integrated Risk Information System.—The Committee appreciates the work of the Agency to implement
the 2011 National Academy of Science’s Chapter 7 recommendations
for the Integrated Risk Information System [IRIS], but is
concerned that the recommendations have not been fully
implemented. Specifically, the concerns relate to: transparent
frameworks for problem formulation; processes for study
selection, particularly data quality and relevance; use of a
robust weight of the evidence process for applying scientific
findings; and, apparent continued reliance on default linear
modeling approaches to hazard determinations. In an effort to
ensure that the IRIS program uses the best available science,
the Committee encourages the Agency to implement the Chapter 7
recommendations as soon as possible.
######
Validation of Scientifically Significant Studies.—The National Academy of Sciences has acknowledged that
reproducibility of research results is fundamental to the
scientific process. The Committee understands that EPA is likely to include the
findings of the Zhang et al (Cancer Epidemiol Biomarkers Prev; Jan;
19(1):80-88) study for scientifically significant decisions in
fiscal year 2016. The study, however, has drawn criticisms about its
methods and interpretations. Given the public health importance of
the findings of this study, validation of the findings is important.
The Agency is directed to ensure that the Science Advisory Board
Chemical Assessment Advisory Committee [SAB CAAC] specifically
addresses the strengths and limitations of the Zhang et al. study
during their peer review and takes this evaluation into account in
their review of the total body of evidence for the carcinogenicity
of formaldehyde.
######
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
######
Lead at Superfund Sites.—Using the funds provided, the Administrator of the Environmental Protection Agency shall
contract with the National Academy of Sciences to conduct a
study of the sources of lead in the environment at each
designated Superfund site that is proximal to a historic surface
lead mining district. The study shall focus on whether naturally
occurring lead, lead-based paint, and the consumer use of
products containing lead are significant sources of lead at such
sites. The Administrator shall transmit to Congress a report
containing the results of the study not later than 1 year after
the date of enactment of this act.
######
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HRpt
114-195 - To accompany H.R. 3020 – [M]aking 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, 2016, and for other
purposes.
(7/10/15)
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TITLE II—DEPARTMENT OF HEALTH AND HUMAN SERVICES
######
CROSS-CUTTING ACTIVITIES
######
Institute of Medicine (IOM) Review.—The Committee is
concerned about the focus on the reduction of sodium as a
growing body of evidence suggest low sodium consumption can lead
to health problems in healthy individuals. The Committee
includes bill language that requires the CDC Director to engage
the IOM to develop a report on the safe sodium intake for
healthy individuals from the funds provided. The review and
report shall determine the blood pressure effect and
Cardiovascular Disease (CVD) implications for healthy people
consuming sodium at 3,000 mg or less per day. The Committee
expects CDC to not undertake sodium reduction activities below
3,000 mg per day until the science is formally considered
surrounding healthy and safe sodium intake, especially for
healthy individuals, and the impact of lower sodium on blood
pressure (and an extrapolation to health), including direct
research suggesting a negative impact of lower sodium on health.
To ensure that the report is free from bias, the Committee
recommends that panelists be chosen, where possible, from
individuals that have not previously published on the issue. To
the extent that a panelist has published, care must be taken to
balance that viewpoint with a contrary viewpoint. Since the
debate involves the modeling and extrapolation of data sets, the
committee recommends panelists with an expertise in medical
statistical analysis. The Committee expects the Director to
charter the IOM review within 90 days of enactment.
######
NATIONAL INSTITUTES OF HEALTH
######
NATIONAL INSTITUTE ON DRUG ABUSE (NIDA)
######
Opioid Drug Abuse.—The Committee remains concerned about
prescription drug abuse, specifically the misuse of orally
administered opioid drugs. According to some reports, more than 35
million Americans have abused prescription opioids at some point in
their lifetimes. The June 2011 Institute of Medicine report on relieving pain
indicates that such abuse and misuse resulted in an annual
estimated cost to the Nation of $72.5 billion. The Committee expects NIDA to continue to support meritorious
scientific activities related to research on medications to
alleviate pain with reduced abuse liability and, as appropriate, to
work with private partners on innovative research into such
medications. In addition, NIDA should continue to fund research to
better prevent and treat prescription drug abuse and to coordinate
with CDC to help identify scientific research gaps. The Committee
requests an update in the fiscal year 2017 budget request on the
activities related to addressing the opioid drug abuse problem.
######
OFFICE OF THE DIRECTOR (OD)
######
National Children’s Study Alternative.—The Committee
was disappointed that NIH determined it was not feasible for NIH to
implement the National Children’s Study (NCS) as originally
conceived. The NCS was intended to be a 25 year longitudinal birth
cohort observational study with the overall goal of improving child
health and well-being and identifying antecedents of healthy
adulthood by examining the effects of a broad range of
environmental, behavioral, and biological factors. The Institute of Medicine’s (IOM) June 2014 report noted the
NCS’ goals and mission had the potential to add to the
scientific knowledge of children’s health and
development. The Committee directs and provides funding for continuation of the
NCS in an alternative form called the National Children’s Study
Alternative (NCS-A). The NIH is directed to work in consultation
with pediatric groups to develop a series of alternative research
activities that build on NCS data and the overarching goals of the
NCS to address the developmental origins of health and disease
through a series of studies (including longitudinal) that
incorporate expertise in biology and epidemiology, integrate basic
science, and leverage maternal/infant cohorts, either de novo or
from extant networks. NIH is expected to focus on at least
prematurity, obesity, autism, asthma, and pediatric rare diseases
like cancer. The Committee expects NIH to obtain data, biological
samples, and specimens that can ultimately improve child health and
well-being. The Committee understands that such a program can be
built by leveraging existing cohort studies by expanding or adding
study components; supporting projects with smaller cohorts that can
investigate unique, disease-specific questions; expanding studies to
increase sample size; and using or expanding pediatric networks and
extant programs to include a focus on pediatric health.
The Committee directs NIH to draw on the lessons learned from the
NCS as it develops a long-term plan for the NCS-A, and to establish
an advisory panel with outside pediatric experts. Within 180 days of
enactment, NIH is directed to submit and make public a NCS-A 10-year
plan that includes milestones, goals, objectives, and projected
funding estimates. The Committee urges NIH to review the plan at
least every five years in a manner that obtains public input and
that allows for flexibility to expand or adjust the focus areas
based on the state of the science and the best impact on children’s
health. In addition, NIH shall ensure it establishes and maintains a
tracking system to ensure these funds do not supplant but supplement
other children’s research on-going or planned by NIH. Finally, NIH
shall report on the NCS-A in the annual budget request.
######
CHILDREN AND FAMILIES SERVICES PROGRAMS
The Children and Families Services programs fund activities serving
children, youth, families, the developmentally disabled, Native
Americans, victims of child abuse and neglect and domestic violence,
and other vulnerable populations.
The Committee recommendation below for “Social Services/Income
Maintenance Research” includes $750,000 for the Secretary to
enter into an agreement with the National Academy of Sciences to
provide an evidence-based, non-partisan analysis of the
macroeconomic, health, and crime/social costs of child poverty,
to study current efforts aimed at reducing poverty, and to
propose recommendations with the goal of reducing the number of
children living in poverty in the United States by half in 10
years.
######
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SRpt
114-74 - To accompany S. 1695 – [M]aking appropriations for
Departments of Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30, 2016, and
for other purposes, reports favorably thereon without amendment and
recommends that the bill do pass.
(6/25/15)
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CENTERS FOR DISEASE CONTROL AND PREVENTION
######
Ovarian Cancer.—The Committee commends the CDC for
its work to evaluate existing risk assessment tools and directs CDC
in their fiscal year 2017 CJ, to include the findings of this review
along with recommendations on how CDC can support the deployment of
the tools found to have the greatest value and utility. In addition, the Committee directs CDC to provide a report
within 90 days after enactment of this act to the Committees on
Appropriations of the House of Representatives and Senate on the
Institute of Medicine’s review of the state of the sciences in
ovarian cancer research.
######
NATIONAL INSTITUTES OF HEALTH
#####
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES
######
Clinical and Translational Science Awards [CTSA].—The
Committee supports the goals of the CTSA program and believes the
principles that serve as the foundation of NCATS—public-private
partnerships, community outreach, faster access to clinical trials,
and distributed patient cohorts—have tremendous potential for
addressing the long-standing scientific and operational problems
associated with getting treatments to patients, including those with
health disparities. Recognizing the value and importance of
supporting the full spectrum of medical research, the Committee
encourages NCATS to build meaningful relationships between clinical
and translational research programs and the various Institutes and
Centers. NCATS is encouraged to work closely with the CTSA community
and related stakeholders moving forward to continue to identify
emerging opportunities and areas for programmatic improvement.
Further, the Committee encourages NIH to fund CTSAs with a history
of serving health disparity populations, as well as CTSAs that
address the unmet needs associated with rare diseases, so that
research funding provided through the various Institutes can be
leveraged to address the clinical and translational research
challenges associated with those populations.
The Committee provides $499,746,000 for the CTSA program, an
increase of $25,000,000 above the fiscal year 2015 level for
NCATS to implement the recommendations from the 2013 Institute
of Medicine report on the CTSA program. In particular, the Committee supports the goal of the CTSA program
to build networking capacity and innovative collaborative projects.
Additional funding is included to allow the program to retain its
merit-based CTSA funding to institutions while expanding the network
capacity to conduct multi-site clinical studies and collaborative
projects.
######
OFFICE OF THE DIRECTOR
######
Next Generation Research Initiative.—The National Academy of Sciences [NAS] will conduct an
evaluation of the legislative, administrative, educational, and
cultural barriers to providing for a successful next generation
of researchers to be completed no later than 1 year after the
date of enactment of this act. The Committee appropriates
$1,200,000 for this purpose. The Committee directs the NAS to
submit to the Director of NIH and the Committees on
Appropriations of the House and Senate the results of the study
which shall include: (A) an evaluation of the legislative,
administrative, educational, and cultural barriers faced by the
next generation of researchers; (B) an evaluation of the impact
of Federal budget constraints on the next generation of
researchers; and (C) recommendations for the implementation of
policies to incentivize, improve entry into, and sustain careers
in research for the next generation of researchers, including
proposed policies for agencies and academic institutions.
######
SUPPLEMENTAL SECURITY INCOME PROGRAM
######
Medical Vocational Guidelines.—The Committee is encouraged that SSA plans to issue an Advanced
Notice of Proposed Rulemaking on the need to update the
medical-vocational guidelines, including seeking input from the
Disability Research Consortium; the Institute of Medicine; and
other medical, aging, employment, and disability experts. These guidelines play a key role in SSA’s disability determination
process but have not been updated since they were established in
1978. The Committee directs SSA to provide a report to the
Committees on Appropriations of the House of Representatives and the
Senate, no later than 60 days after the enactment of this act, on
its plan for updating the medical vocational guidelines.
Number: 114-113
Session: 114th Congress (First Session)