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OCR for page 169
APPENDIX A
PUBLIC LASS 9S-623 NOY. 9' 1978
Public Law 95-623
95th Congress
92 STAT. 3443
An Act
To amend the Public Health Service Act to revise and extend the authorities Liov. 9, 1978
under that Act relating to health services research and health statistics and [c :~66]
to establish a National Center for Health Care 'technology, and for other
purposes.
Be if er~`rcted t,V the Senate and Coup of Representati~,es of the
United States of America in Congress assembled,
Health Services
Research, Health
Statistics, and
Health Glre
SECTION 1. (a) This Act may be cited as the "Health Services Technology Act
Research, Health Statistics, and Health Care Technology Act Of O4f ~USC20
SHORT TITLE. REFERENCE TO ACT
Sect ions 7 and 8 are reproduced below .
81 UDY OF COOTS OF DISEASES AND ADVERSE EFFECT ON HUMANS WHICH
WE ENVIROHMENTAI,I Y RELATED
SEC. 7. Section 304 (as amended by section 3 (d) ) is Unended by 42 USC 242b.
added at the end the following:
" (ei(1 ) The Secretary and the National Academy of Sciences (act-
ing through the Institute of Medicine and other appropriate unite)
shall, jointly and in cooperation with the Administrator of the
Environmental Protection Agency, the Secretary of Labor, the Con-
sumer Product Safety Commission the Council of Economic Advmers,
the Council on Wane and Price Stability, the Council on Ennron-
mental Quality, anlother entities of the~Federal Government which
the Secretary determines have the expertise in the subject of the study
prescribed by this paragraph, conduct, with funds appropriated under
section 308('i)~2), an ongoing study of the present and protected
future health costs of pollution and other environmental conditions
resulting from human activity (including human activity in any place
in the indoor or outdoor environment, including places of employment
and residence). In conducting the study, the Secretary "d the
National Academy of Sciences (hereinafter in this subsection referred
to as the 'Academy') shall, to the extent feasibly
"(A) identify the pollution (and the pollutants responsible for
the pollution) and other environmental conditions which are, or
may masonably be anticipated to be, responsible for causing, con-
tribut~ng to, ~ncr~ng susce ~t~b~l~ty to, or aggravating Oman
diseases and adverse effects on ~ lumps;
"(B) identify each such disease and adverse elf - on humans
and specifically determine whether cancer, birth defects, genetic
damage, emphysema, asthma, bronchitis, and other respiratory
diseases, heart disease, stroke, and mental illness and impairment
are such a disease or effect;
6'((~) identify (on a national, regional, or other geographical
basis) the source or sources of such pollutants and conditions and
estimate the portion of each pollutant and the extent of each con-
dition which can be traced to a specific type of source;
A-1
(This section
applies to the
NAS.)
OCR for page 170
APPENDIX A (cone 'd.). PUBLIC LAW 95-623
Reports to
coronal
committees.
Definition.
42 USC 1395,
1396.
"(D) ascertain (i) the extent to which the pollutants and con-
ditions identified under subparagraph (A) are, or mar reasonably
be anticipated to be, responsible, individually or collectively, for
causing, contributing to, increasing susceptibility to, or ag~ra-
vatin~ the diseases utd effects identified under subparagraph FIB i,
and (ii) the eBect upon the incidence or severity of specific
diseases sod effects of individual or collective, as appropriate,
incremental reductions in the pollutants and changes ~ Such
conditions; and
`'(~:) quantify (i) the present and projected future health cows
of the diseases and effects identified under subnaraL,,raph (B), and
(ii) the reduction in health costs which would result from each
incremental reduction and change referred to in subparagraph
(D) (ii).
"~2) The Secretary shall enter into appropriate arrangements with
the Academy under which the Secretary Mall be responsible for
expenses incurred by the Academy in connection with the study pre-
scribed by paragraph (1) .
"~3) The first report on the study prescribed by paragraph (1)
shall be made to the Committee on Human Resources of the Senate
and the Committee on Interstate and Foreign Commerce of the House
of Representatives by the Secretary and the Academy not later than
eighteen months after the date of the enactment of this subsection.
Subsequent reports on the study shall be made by the Secretary. and the
Academy every two years after the date the first report is submitted.
Each report shall (A) identify deficiencies and limitations in the data
on the matters considered in the study and recommend actions which
may be taken to eliminate such deficiencies and limitations, (B) include
such reconunendations for legislation an the Secretary detennin~
appropriate, (C) include recommendations for facilitating studies of
the effects of hazardous substances on humans, and (D) include a
description of any administrative action propose to be taken by the
Secretary, the Administrator of the Environmental Protection Agency,
the Secretary of labor, and the Conswner Product Safety Communion
to reduce the costs which have been quantified under paragraph (1)
(E) (i). In conducting the study, the Secretary and the Academy Shall
seek assistance from public and private health financing entities in
securing the data needed for the study.
~ (4) For purposes of paragraph (1) ~ the term 'health costs of pollu-
tion and other environmental conditions' means the costs of human
diseases and other adverse eBects on humans which pollution and other
environmental conditions are, or may reasonably be anticipated to be,
responsible for causing, contributing to, increasing susceptibility to,
or aggravating, including the costs of preventing such diseases and
effects, the cow of the treatment, cure, convalescence, and rehabilita-
tion of persons afflicted by such diseases, costs reasonably attributable
to pain and suffering from such diseases and eBects, loss of income and
future earnings resulting from such diseases and effects, adverse edects
on productivity (and thus increases in production costs and consumer
prices) resulting from such rliseases and eRects, loss of tax revenues
resulting from such decreases in earnings and plUdUCtiVity, costs to
the welfare and unemployment compensation systems an] the pm-
grams of health benefits under titles XVIII an] XIX of the Social
Security Act resulting from such diseases and erects, the overall
increases in costs throughout the economy resulting from such diseases
and effects, and other related direct and indimct Is "_
A-2
OCR for page 171
APPENDIX A (contend.).
PUBLIC LAW 95-623
INl?ORMATION 0~ =~ 0~' little OF THE ~~N~ A
EMPI~OYMENT COND1IIONB
SEC. 8. (a) Section 306 (as amended by section 5) ~ amended by 42 USC242~.
inserting after subsection (k~thefollowin~ new subsection:
"~1~(1) The Secretary~acting through the Cen~r,shall develop a Pan.
plan for the collection andcoord~nationofstati~icalandepidemiologi-
cal data on the eBects of the ennronunent on health. Such plan shall
include a review of the data now available on health effects, deficiencies
in such data, and methods by which existing data deficiencies can be
corrected. The Secretary, shall submit such plan to the Congress not Submittal to
later than January 1,1980. Congr~.
"~21 (A) The §ecretary,acting through the Center,shallestablish, Guidehn - .
not later than two years after the date of the enactment of this
subsection, guidelines for the collection, compilation, analysis, pub-
licat~on, and distribution of statistics and intonation Feces for
determining the effects of conditions of employment and indoor and
outdoor environmental conditions tin the public health. Guidelines
established under this subparagraph shall not (i) authorize or require
the d~se1osure of any matter described in section 552(b) {6) of title 5,
United States Code, and (ii) authorize or require the disclosure of any
statistics or other information which is exempt from disclosure p~'r-
suant to subsection (a) of section 552 of title 5, United States Code., by
reason of subsection (b) (~) of such section. The guidelines shall be
reviewed and, if apptopriate. revised at least e`-erv three fears after
the date thee are initially established. (;uidelirres shall take effect on
the date of tl~e promulgation of the regulation establishing or revising
the guidelines or such later date as may be specified in the guidelines.
" ~ B ~ The guidelines shall be deponed—
`' (i) to Prove coordination of environmental and health
studies. statistics and information, and to prevent overlay, and
unnecessary duplication with respect to such, studies, statistics,
and information;
'`(ii) to assure that such studies, statistics, and information will
be available to executive departments responsible for the admin-
istration of awls relating to the protection of the public health
and safety or the environment;
"(iii) ~ encourage the more effective use by executive depart-
ments of such studies, statistics, and information;
"(iv) to improve the statistical validity and reliability of such
studies? statistics, and information; and
"(v) to assure greater responsiveness by the Department of
Health, Education, and Welfare and other executive departments
in meeting informational and analytical needs for determining
the effects of employment and indoor and outdoor environmental
conditions on public health.
"(C) In establishing and revising guidelines under subparagraph
(A), the Secretary shall take into consideration the plan developed
pursuant to paragraph (1~.
"(D) The Center shall serve as a clearinghouse for statistics and
information with respect to which guidelines have been established
under subparagraph (A) and shall assist executive departments in
ol~tainin~ such statistics and information for purposes of admin-
istering~aws under their jurisdiction relating to environmental health
protection or the safety and health of employees.
" (E) (i) Each executive department shall comply with the substan-
tive and procedural requirements of the guidelines.
" (ii) The President shall by Executive order require each executive
department to comply with requests, made in accordance with the
guidelines, by the Secretary, the Administrator of the Environmental
Protection Agency, the Consumer Product Safety Commission, or the
Secretary of I;abor for statistics and information.
A-3
(This section
applies to
NCHS. ~
Guidelines,
compliance.
OCR for page 172
APPENDIX
(cons 'd. ) . PUBLIC LAW 95-623
Esempnone. `' (iii) - e President may by Executive order exempt any executive
department from compliance with a requirement of the guidelines
respecting specific statistics or other information if the President
determines that the exemption is necessary ~ the interest of national
8eCUTitye
" ( F ) In carrying out his duties under this paragraph, the Secretary,
acting through the Center, shall, Insofar as practicable, pronde for
coordination of his activities with those of other Federal agencies and
interagency task forces relating to the. collection, analysis, publication,
or distribution of statistics and information necessary for dete'-~ining
the effects of conditions of employment and indoor and outdoor
environmental conditions on the public health.
"Guided es." "(G) For purposes of this paragraph, the term 'guidelines' means
the guidelines, either as initially established or as revised, in effect
under this paragraph.
Study. " (3) The Secretary, acting through the Center, shall conduct a study
of the issues respecting. and the recommendations for. establishing a
Federal system to assist, in a manner designed to avoid invasion of
. . ~ . . a. . ~ .. .... . . .. . .. . ~
personal privacy, ~ ederal, State, and other entitles in locating lnd~v~d-
uals who have been or many have been exposed to hazardous substances
to determine the effect on their health of such exposure and to assist
them in obtaining appropriate medical care and treatment. In con-
ducting such study, the Secretary may consult with any public and
private entity which it determines has expertise on any matter to be
Report to considered in the study. Not later than one year after the date of the
Congress. enactment of this subsection, the Secretary shall complete the study and
report to the Congress the results of the study and any recommenda-
tions for legislation or administrative action.
"~4) In carrying out paragraphs all, (2), and (3), the Secretary
shall consult with and take into consideration any recommendations
of the Task Force on Environmental Cancer and Heart and Lung
Disease, the Administrator of the Environmental Protection Agency,
the Secretary of Labor, the Consumer Product Safety Commission, the
Council on Environmental Quality, the' National Committee on Vital
and Health Statistics, and the National Academy of Sciences (includ-
42 USC 242m ing the' Institute of Medicine and any other unit of the Academy).".
(b) The first sentence of subsection (d) of section 308 is amended
42 U5c 242~. by inserting after "unless authorized" the following: "by guidelines
In effect un er section 306~1) (2) or .
A-4
Representative terms from entire chapter:
product safety
