Further Consolidated Appropriations Act, 2024
Public Law 118- 47
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.)
HR2882 Ciscomani (R-Ariz.) 03/26/24
Enrolled (finally passed both houses)
Making further consolidated appropriations for the fiscal year ending September 30, 2024, and for other purposes.
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SECTION 1. SHORT TITLE
This Act may be cited as the “Further Consolidated Appropriations Act, 2024”.
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ADMINISTRATIVE PROVISIONS—CONSUMER PRODUCT SAFETY COMMISSION
During fiscal year 2024, 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.
None of the funds provided may be used to promulgate, implement, administer, or enforce any regulation issued by the U.S. Consumer Product Safety Commission to ban gas stoves as a class of products.
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EXPLANATORY STATEMENT SUBMITTED BY MS. GRANGER, CHAIR OF THE
HOUSE COMMITTEE ON APPROPRIATIONS, REGARDING H.R. 2882, FURTHER
CONSOLIDATED APPROPRIATIONS ACT, 2024
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The following is an explanation of the Further Consolidated Appropriations Act, 2024.
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DIVISION A - DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024
The following is an explanation of the effects of this Act, which makes appropriations for the Department of Defense for fiscal year 2024. The joint explanatory statement accompanying this division is approved and indicates congressional intent. Unless otherwise noted, the language set forth in House Report 118-121 and Senate Report 118-81 carry the same weight as language included in this joint explanatory statement and should be complied with unless specifically addressed to the contrary in this joint explanatory statement. While some language is repeated for emphasis, it is not intended to negate the language referred to above unless expressly provided herein.
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HRpt 118-121 - To accompany H.R. 4365 – [M]aking appropriations for the Department of Defense, and for other purposes, for the fiscal year ending September 30, 2024.
(6/27/23)
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PER- AND POLYFLUOROALKYL SUBSTANCES
The Committee recognizes that widely used Per- and Polyfluoroalkyl Substances (PFAS) chemicals are the cause of significant health, environment, and safety concerns. However, the Committee recognizes the uses of PFAS in a range of materials that are components of weapons, communication, and aerospace systems. One such example is microelectronics, which currently require PFAS chemicals in the manufacturing process. The Committee is concerned there are no alternative sources, and directs the Secretary of Defense to submit a report to the congressional defense committees, not later than 120 days after the enactment of this Act, based on its PFAS critical uses report, to coordinate with relevant agencies, industry, and academia to research alternatives to these critical PFAS uses and submit that report. The plan shall include a scientific evaluation and review of key technical standards for PFAS critical materials to ensure that the standards are effective, accurately represent the desired performance outcomes, and ensure that viable PFAS-free alternatives are not artificially excluded. The Committee also encourages the Secretary of Defense to commission a study from the National Academies on PFAS essential uses and alternatives.
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DIVISION B - FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2024
The joint explanatory statement accompanying this division is approved and indicates Congressional intent. Unless otherwise noted, the language set forth in House Report 118-145 and Senate Report 118-61 carries the same weight as language included in this joint explanatory statement and should be complied with unless specifically addressed to the contrary in this joint explanatory statement. While some language is repeated for emphasis, it is not intended to negate the language referred to above unless expressly provided herein.
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ADMINISTRATIVE PROVISIONS-CONSUMER PRODUCT SAFETY COMMISSION
Section 501 prohibits the use of Federal funds in fiscal year 2024 for the adoption or implementation of the proposed rule on ROVs until a study by the National Academy of Sciences is completed.
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HRpt 118-145 - To accompany H.R. 4664 – [M]aking appropriations for Financial Services and General Government for the fiscal year ending September 30, 2024..
(7/17/23)
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ADMINISTRATIVE PROVISIONS--CONSUMER PRODUCT SAFETY COMMISSION
Section 510. The Committee continues a provision prohibiting funds to finalize, implement, or enforce the proposed rule on recreational off-highway vehicles until a study is completed by the National Academy of Sciences.
Section 511. The Committee includes a new provision prohibiting funds made available by this Act from being used by the CPSC to prohibit the use or sale of gas-powered stoves, cooktops, ranges, or ovens in the United States.
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The bill includes the following administrative provision under the Consumer Product Safety Commission:
Section 510. Language is included prohibiting funds to finalize, implement, or enforce the proposed rule on recreational off-highway vehicles until a study is completed by the National Academy of Sciences.
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HRpt 118- 61 - To accompany S. 2309 – [M]aking appropriations for financial services and general government for the fiscal year ending September 30, 2024, and for other purposes, reports favorably thereon without amendment and recommends that the bill do pass.
(7/13/23)
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ADMINISTRATIVE PROVISIONS--CONSUMER PRODUCT SAFETY COMMISSION
Section 501 continues a prohibition of funds to finalize, implement, or enforce the proposed rule on recreational off-highway vehicles until a study is completed by the National Academy of Sciences.
Section 502 is a new provision preventing CPSC from promulgating, implementing, administering, or enforcing any CPSC regulation to ban gas stoves as a class of products.
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DIVISION D - DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
The explanatory statement accompanying this division is approved and indicates Congressional intent. Unless otherwise noted, the language set forth in Senate Report 118-84 carries the same weight as language included in this explanatory statement and should be complied with unless specifically addressed to the contrary in this explanatory statement. While some language is repeated for emphasis, it is not intended to negate the language referred to above unless expressly provided herein.
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Pediatric Research Assessment.-The agreement includes $1,500,000 for this assessment, as described nder the heading "NIH Support for Pediatric Research" in Senate Report 118-84.
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HRpt 118- 84 - To accompany S. 2624 – [M] aking appropriations for Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2024, and for other purposes, reports favorably thereon without amendment and recommends that the bill do pass.
(7/27/23)
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Nurse Education, Practice, Quality and Retention Program
The Committee includes $60,413,000 for competitive grants within the Nurse Education, Practice, Quality and Retention program to enhance nurse education and strengthen the nursing workforce through the expansion of experiential learning opportunities. Within this total, the Committee continues support for grants to enhance nurse education through the expansion of experiential learning opportunities. HRSA is directed to ensure that these grants include as an allowable use the purchase of simulation training equipment.
Traineeships to Address the Nursing Shortage and Prepare Academic Faculty.--The National Academies of Science, Engineering, and Medicine [NASEM] recently issued a report that provided recommendations to Congress to ease the nursing shortage in America. The Committee recognizes the urgent need to address the nursing shortage existing in all parts of the United States and grow the pipeline of nurse educators to meet the demand to grow the workforce. Therefore, the Committee encourages HRSA to provide traineeships and fellowships, including stipends, for eligible entities at both public and private institutions to expand opportunities that prepare individuals for careers in nursing.
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Wastewater Surveillance.--The Committee continues to recognize the important role wastewater surveillance plays for our Nation's biosecurity. In a January 2023 report, the National Academies of Sciences, Engineering, and Medicine highlighted how critical wastewater surveillance has been in detecting, managing and preventing further spread of the COVID-19 virus and affirms its continued value for managing infectious disease outbreaks, including resurgences of known pathogens and newly emergent pathogens. The Committee shares the National Academies' vision of a wastewater surveillance system that is ‘flexible, equitable, integrated, actionable and sustainable.’ This should include a system that would be able to track multiple pathogens simultaneously, has an open and transparent process for prioritizing targets, and can pivot quickly to detect emerging pathogens. The Committee further underscores the importance of a national wastewater surveillance system with geographic and temporal design informed by data and that strategically incorporates sites as a mechanism for early detection. Additionally, the Committee encourages CDC to continue working with States and localities to broaden the scope of wastewater surveillance capabilities to track COVID-19, additional pathogens, and high-risk substances such as fentanyl to assist with public health data analysis.
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Alzheimer's Disease/Alzheimer's Disease-Related Dementias [AD/ADRD].--Since fiscal year 2015, Congress has increased research funding for AD/ADRD by more than 500 percent, making it the largest expenditure of its kind in NIH. By 2050, the cost to treat and care for those suffering from Alzheimer's disease is expected to rise to as high as $1,100,000,000,000 a year. Without a medical breakthrough to prevent, slow, or stop the disease, Medicare- and Medicaid-related costs could rise more than four-fold. NIH-funded research offers hope for finding solutions to manage this disease successfully in the future. Therefore, the Committee continues to support Alzheimer's disease research, including multi-disciplinary approaches into the basic science and pathology of the disease, which builds upon the funding goals needed to prevent and effectively treat Alzheimer's by 2025 identified in the National Plan required by the National Alzheimer's Project Act (Public Law 111-375). The Committee previously directed NIA to collaborate with NINDS and NASEM to pinpoint research priorities for preventing and treating AD/ADRD, including identifying barriers to advancing large-scale precision medicine approaches in this space. Of the approximately 6.5 million Americans over age 65 with AD, more than half have genetic risk variants linked to glial cell function, which makes them a key target for precision therapeutics. The Committee encourages NIA to increase support for research focused on mitigating immune dysfunction with precision inspired therapeutics for AD/ADRD and directs NIA and NINDS to provide a joint report to the Committee within 120 days on its progress in advancing these efforts.
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Temporomandibular Disorders [TMD].--The Committee encourages NIDCR to maintain a patient-centered approach in the implementation of the TMD-IMPACT Concept. The Committee is encouraged by NIDCR's collaboration with agencies and institutes, and encourages further collaboration with other government agencies and Institutes, Centers, and Offices within NIH with appropriate scientific expertise. The Committee directs NIH to provide an update within 90 days of enactment on efforts to implement the next phase of the initiative including the recruitment of other NIH ICs as partners, the role of the patient perspective, and NIDCR's use of the National Academies of Sciences, Engineering, and Medicine [NASEM] Report on TMDs and the TMJ Patient-led Roundtable.
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Cost of Serious Mental Illness [SMI].--Despite increased spending on mental health services, the prevalence of SMI has grown by almost fifty percent since 2008. In response to Congressional direction included with the Consolidated Appropriations Act, 2023, NIH developed a professional judgement budget setting the stage for near- and intermediate-term improvements in mental healthcare to address the Nation's growing mental health crisis. The agenda outlines a 15-year vision for four independent but complementary projects that will address different needs in the prevention, diagnosis, and treatment of SMI. To develop this budget, NIMH considered input from the National Academy of Medicine Fora on Mental Health and Substance Abuse and Neuroscience; the National Advisory Mental Health Council; and NIMH-sponsored convenings over the past 3 years. The Committee urges NIMH to launch the four projects proposed under the initiative, and NIMH is directed to brief the House and Senate Committees on Appropriations on how these time-limited, goal-driven investments will accelerate emerging science and support high-risk/high-reward research.
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NIH Support for Pediatric Research.--The Committee commends NIH for its efforts to coordinate pediatric research across its Institutes and Centers through the recently established Trans-NIH Pediatric Research Consortium. The Committee understands NCI participates in the Consortium, and that childhood cancer research is an important part of the pediatric research portfolio across NIH. The Committee requests an update in the fiscal year 2025 CJ on efforts underway through the Trans-NIH Pediatric Research Consortium to enhance pediatric research across NIH, including efforts to strengthen the pediatric research workforce. The Committee desires NIH to maintain a robust pediatric research portfolio spanning basic, translational and clinical research, to adequately support researchers at all career stages, particularly early career investigators focused in pediatrics, and to ensure pediatric components are included within larger NIH research priorities. The Committee includes $1,500,000 for the National Academies of Science, Engineering, and Medicine to assess the current NIH pediatric research portfolio and structure, including how projects are categorized as pediatrics, how pediatric components have been included or excluded from larger NIH initiatives, structural or process impediments to pediatric applicants, how pediatric research priorities are established, and how pediatric research activity is coordinated across Institutes and Centers and to make recommendations to address deficiencies and improve NIH's overall support of child health research.
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Research with Non-Human Primates.--The Committee recognizes the critical role of non-human primate [NHP] research in virtually all areas of biomedical research. Research with unique animal models makes irreplaceable contributions to understanding the biological processes that cause disease, which is necessary for the development, safety and efficacy testing of new therapeutics before clinical trials. NHP research will be vital to studying both the underlying mechanisms and potential cures for costly and emergent diseases. The Committee is concerned about the condition and availability of critical Federal research assets outlined in the 2023 National Academies report on the State of the Science and Future Needs for Nonhuman Primate Models in Biomedical Research. In particular, the Committee is alarmed that NIH has no central data management or reporting structure for tracking the number of NHPs required to meet current and future research needs. The Committee directs NIH to develop a strategic management plan for NHP research resources to bolster cooperative efforts, data sharing, purposeful planning, and data-driven care and management methods. The Committee urges NIH to award funding to meritorious research proposals using NHPs to study neurological diseases as well as research into preventing the next pandemic. NIH is also encouraged to continue the development and validation of new approach methodologies that reduce the need for, enhance the utility of, and mitigate shortages and costs of NHP models in the future.
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Term Limits.--Congress' decision to limit ARPA-H managers to a maximum of two 3-year appointments (4 years for the ARPA-H Director) is a break from NIH's longstanding practice of allowing its top officials to effectively serve indefinitely. The Committee believes that a healthy degree of turnover in leadership is critical for sustaining the vitality of NIH. It also provides the opportunity for leading scientists across the Nation to leave their positions for a set period of time and come to NIH to provide effective leadership to critical elements of the Nation's biomedical enterprise. The Committee supports the recommendations outlined in the 2003 Institute of Medicine report Enhancing the Vitality of the National Institutes of Health: Organizational Change to Meet New Challenges. Specifically, the Committee supports Recommendation 10, to set term limits for IC Director appointments to two 5-year terms. The Committee believes regular replacement of IC Directors following a maximum of two terms would be an overall benefit to medical research by ensuring the periodic introduction of fresh perspectives. The Committee provides $500,000 and directs NIH to begin the planning process for implementing this policy, and to report to the Committees within 180 days of enactment on these efforts.
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Public Health Emergency Medical Countermeasures Enterprise [PHEMCE].--The Committee recognizes the importance of the PHEMCE in ensuring the Nation's preparedness for CBRN and emerging infectious disease threats. The Committee directs ASPR to continue to partner with PHEMCE interagency partners in the execution of those functions. The Committee further directs ASPR, working with PHEMCE and intelligence community partners, to provide an annual classified threat briefing to the Committee, and as situations arise that may materially impact our medical countermeasure enterprise. Finally, in accordance with the recommendations outlined in the National Academies of Sciences, Engineering and Medicine November 2021 report, Ensuring an Effective PHEMCE, the Committee encourages ASPR to create an advisory committee to the PHEMCE of rotating private sector and non-Federal partners and stakeholders. To the extent practicable, PHEMCE's strategic planning and decision-making around stockpile needs, requirements, and interactions with other government agencies and the communication of such decisions should be made in concert with the advisory committee considering the inputs from private partners. ASPR is directed to report to the Committee within 120 days of enactment to provide an update on these activities.
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Dietary Guidelines.--The Committee notes that section 772 of division A of the Consolidated Appropriations Act, 2023 (Public Law 117-328) includes funding for the Secretary of Agriculture, in consultation with the Secretary of HHS, to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine [NASEM] to conduct a study of the eight topics and scientific questions related to alcohol previously published by USDA and HHS, and other relevant topics. Section 772 further directs the Secretary of Agriculture to ensure the process for developing the 2025 Dietary Guidelines includes recommendations that are based on the preponderance of scientific and medical evidence consistent with section 5341 of title 7 of the United States Code, and that it is fully transparent and includes a balanced representation of individuals who are unbiased and free from conflicts of interest. The Committee expects the Secretary of HHS will ensure the same and requests a briefing within 120 days of enactment on how HHS will incorporate the findings and recommendations of the NASEM study into the process for developing the 2025 Dietary Guidelines.
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Access to Lactation Support Services.--The Committee supports HHS' initiatives to improve access to lactation support services for all individuals who choose to breastfeed. The Committee notes that despite guidance from the HHS Women's Preventive Services Initiative recommending that families receive comprehensive lactation support services to optimize the successful initiation and maintenance of breastfeeding, many families struggle to gain access to quality lactation care. The Committee notes that the Consolidated Appropriations Act of 2023 (Public Law 117-328) included funding for HHS to enter into an agreement with NASEM to provide an evidence-based, non-partisan analysis of the macroeconomic, health, and social costs of U.S. breastfeeding rates and national breastfeeding goals. The Committee expects that this analysis should also examine how health insurers have implemented comprehensive lactation services, the standards set to determine reimbursement rates for breastfeeding supplies and services, and the current best practices used to provide coverage to help women breastfeed.
Women's Health Research Study.--To address the persistent gaps of knowledge of women's health and improve access to care, the Committee continues to expect the Secretary to coordinate with NIH and NASEM in support of research that explores the proportion of research on conditions that are more common or unique to women. This research should establish how these conditions are defined and ensure that it captures conditions across the lifespan, evaluates sex and gender differences and racial health disparities, and determine the appropriate level of funding that is needed to address gaps in women's health research at NIH and submit to Congress a report containing the findings and recommendations of the study no later than 18 months after enactment of this act.
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The Future of Education Research at IES.--The Committee is aware IES sought expert assistance in requesting the National Academies of Sciences, Engineering and Medicine [NASEM] provide guidance on the future of education research, which resulted in last year's publication of the ‘The Future of Education Research at IES’. This report provides recommendations to build on the research supported by IES over the past 20 years. The Committee encourages IES to continue implementation of recommendations made in the report and requests the fiscal year 2024 operating plan include a discussion of actions taken and planned.
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A Vision and Roadmap for Education Statistics.—The Committee is aware IES sought expert assistance in requesting NASEM to ‘recommend a portfolio of activities and products for NCES, review developments in the acquisition and use of data, consider current and future priorities, and suggest desirable changes’, which resulted in the publication of the ‘A Vision and Roadmap for Education Statistics’. The Committee believes the Secretary, Commissioner and Director of IES should continue to support NCES in independently developing, producing, and disseminating statistics pursuant to recommendations of the NASEM report. The Commissioner, and, as applicable, Secretary and Director are directed to include in the required operating plan actions taken since the report's release and future actions and associated timeline to fully implement related recommendations. The Committee also encourages NCES to continue implementation of other recommendations made in the report and requests the fiscal year 2024 operating plan include a discussion of actions taken and planned.
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The Committee recommendation continues support of $10,000,000 for research and development investments activities to modernize and innovate assessments while reducing future program costs. NAGB and NCES should continue to consult with the authorizing and appropriations committees of Congress as it considers strategies, including those identified by NASEM, in achieving cost efficiencies in and upgrades of its assessment program. Further, the Committee requests that the fiscal year 2025 CJ and fiscal year 2024 operating plan describe implemented and planned strategies for cost efficiencies and necessary research and development projects.
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