The National Academies of Sciences, Engineering and Medicine
Office of Congressional and government Affairs
At A Glance
 
 
Public Law
: Consolidated Appropriations Act, 2017
: 115- 31
Session: 115th Congress (First Session)


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

HR244 Cook (R-Calif.) 05/03/17
Enrolled (finally passed both houses)
Making appropriations for the fiscal year ending September 30, 2017, and for other purposes.
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 CONSUMER PRODUCT SAFETY COMMISSION


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ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY COMMISSION

Sec. 501. During fiscal year 2017, 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.

 

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EXPLANATORY STATEMENT (By Division)
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DIVISION C-DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017

The following is an explanation of the effects of this Act, which makes appropriations for the Department of Defense for fiscal year 2017. Unless otherwise noted, references to the House and Senate reports are to House Report 114-577 and Senate Report 114-263, respectively. The language contained in the House and Senate reports warrant full compliance and carry the same weight as language included in this explanatory statement unless specifically addressed to the contrary in the bill or this explanatory statement. While repeating some language from the House or Senate reports for emphasis, this explanatory statement does not intend to negate the language referred to above unless expressly provided herein.


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SRpt 114-263 - To accompany S. 3000 – [M]aking appropriations for the Department of Defense for the fiscal year ending September 30, 2017, and for other purposes, reports favorably thereon and recommends that the bill do pass.
(5/26/16)
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TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM


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Medical Follow-Up Agency of the Institute of Medicine.—The Committee acknowledges the important contributions of the Medical Follow-Up Agency [MFUA] to Department of Defense medical research efforts and urges the Department to continue to support the agency with the modest investments necessary to maintain epidemiological research and biospecimens. These investments will allow MFUA to quickly respond to the health information needs of active duty military and veteran populations and keep them viable for future research efforts.


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DIVISION D-ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

The following statement to the House of Representatives and the Senate is submitted in explanation of the agreed upon Act making appropriations for energy and water development for the fiscal year ending September 30, 2017, and for other purposes.

This explanatory statement, while repeating some report language for emphasis, does not intend to negate the language and allocations set forth in House Report 114-532 and Senate Report 114-236 and that direction shall be complied with unless specifically addressed to the contrary in the accompanying bill or explanatory statement. Additionally, where this explanatory statement states that the "agreement only includes" or "the following is the only" direction, any direction included in the House or Senate report on that matter shall be considered as replaced with the direction provided within this explanatory statement. In cases where the House or the Senate has directed the submission of a report, such report is to be submitted to the Committees on Appropriations of both Houses of Congress. House or Senate reporting requirements with deadlines prior to or within 15 days of the enactment of this Act shall be submitted no later than 60 days after the enactment of this Act. All other reporting deadlines not changed by this explanatory statement are to be met.


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BUREAU OF RECLAMATION

In lieu of all House and Senate report direction regarding additional funding and the fiscal year 2017 work plan, the agreement includes direction under the heading "Additional Funding for Water and Related Resources Work" in the Water and Related Resources account.

Salt Cedar.-The WIIN Act authorized the Secretary of the Interior, in coordination with the Secretary of Agriculture, to enter into an agreement with the National Academy of Sciences to conduct a comprehensive study on the effectiveness and environmental impacts of salt cedar biological control efforts on increasing water supplies and improving riparian habitats of the Colorado River and its principal tributaries. Not later than 180 days after completion of such a study, the Bureau of Reclamation shall submit to the Committees on Appropriations of both Houses of Congress a report on the conclusions applicable to the Bureau of Reclamation and any plans for changes at Reclamation-managed lands.


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ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURlTY ADMINISTRATION


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DEFENSE NUCLEAR NONPROLIFERATION


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Defense Nuclear Nonproliferation Research and Development (DNN R&D).-The agreement provides $469,750,000 for DNN R&D, of which $52,744,000 is to develop new fuels for U.S. high performance research reactors. The NNSA is directed to provide to the Committees on Appropriations of both Houses of Congress not later than 180 days after the enactment of this Act a long-term roadmap that describes the timeline, milestones, costs, and technology off-ramps to develop low-enriched uranium fuels for high performance research reactors.

The roadmap shall incorporate regular independent technical and programmatic evaluations, as recommended by the National Academies.

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HRpt 114-532 - To accompany H.R. 5055 – [M]aking appropriations for energy and water development for the fiscal year ending September 30, 2017, and for other purposes.
(4/26/16)
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DEFENSE NUCLEAR NONPROLIFERATION

Funding for the Office of Defense Nuclear Nonproliferation is provided across five programmatic areas: Global Material Security, Material Management and Minimization, Nonproliferation and Arms Control, Defense Nuclear Nonproliferation R&D, and Nonproliferation Construction. The Committee commends the Secretary for the Department’s leading role in conducting a multi-agency review of nonproliferation programs and recommends that this process be formalized with findings communicated to the Committee for consideration.

National Academy of Sciences Review.—The Secretary of Energy is proposing to move forward with a concept to emplace large quantities of pit and non-pit plutonium in order to support U.S. commitments under the Plutonium Management Disposition Agreement (PMDA) with Russia. The amount of radioactive materials under consideration may exceed the authorized disposal limits of the WIPP Land Withdrawal Act (LWA) and the NNSA has not yet conducted the required safety and environmental analyses required to support the alternative. Section 17 of the LWA provides a process to evaluate and publish analyses of plans for operating WIPP with respect to health, safety, and environmental issues. In accordance with this established statutory mandate, the NNSA shall commission the National Academy of Sciences to conduct a review of the Secretary’s conceptual plans to dispose of surplus plutonium to include considerations of transportation, operations, performance assessment, compliance with Environmental Protection Agency and other regulations, safety analyses, and any other activities required to carry out this alternative that are pertinent to the operation of WIPP. Not later than 30 days after the enactment of this Act, the NNSA shall provide to the Committees on Appropriations of both Houses of Congress an update of the status of the study and an estimated date of completion for its review.

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DIVISION E-FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2017

Language included in House Report 114-624 or Senate Report 114-280 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. Where the House or Senate has directed the submission of a report, that report is to be submitted to the Committees on Appropriations of both the House of Representatives and the Senate.


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ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION

Section 501 prohibits funds from being used in fiscal year 2017 to finalize or implement the proposed rule on recreational off-highway vehicles until a study is completed by the National Academy of Sciences.


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DIVISION G-DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

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 2017. Report language contained in House Report 114-632 and Senate Report 114-281 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.


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TITLE I-DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES


Wild Horses and Burros.-The Committees are aware of proposals to overhaul the program to ensure the humane treatment of animals in holding and on the range, improve the use of annual appropriations, and continue implementing the reforms recommended by the 2013 National Academy of Sciences' report. The Bureau is expected to review all serious proposals from non-governmental organizations, to keep the Committees informed throughout its decision-making process, and to transmit to Congress within 180 days of enactment of this Act a plan to achieve long-term sustainable populations on the range in a humane manner.

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TITLE II-ENVIRONMENTAL PROTECTION AGENCY

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SCIENCE AND TECHNOLOGY (INCLUDING RESCISSION OF FUNDS)

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Integrated Risk Information System (IRIS).-The Committees are aware of efforts to implement the 2011 National Academy of Science's (NAS) Chapter 7 and 2014 NAS report recommendations for the IRIS program, including six specific recommendations. These recommendations include objective evaluation of the strengths and weaknesses of critical studies, the need for weight of evidence evaluation and integration, and clearer rationale for selecting studies to calculate toxicity values. Additionally, the NAS identified specific recommendations and considerations when evaluating the hazards of formaldehyde. The Committees believe that EPA should contract with the NAS to conduct the peer review of the revised draft IRIS assessment of formaldehyde, should it be released in fiscal year 2017, to verify the recommendations from the previous NAS report of 2011 have been fully resolved scientifically.


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HRpt 114-632 - To accompany H.R. 5538 – [M]aking appropriations for the Department of the Interior, the Environmental Protection Agency, and Related Agencies for the fiscal year ending September 30, 2017. The bill provides regular annual appropriations for the Department of the Interior (except the Bureau of Reclamation and the Central Utah Project), the Environmental Protection Agency, and for other related agencies, including the Forest Service, the Indian Health Service, the Smithsonian Institution, and the National Foundation on the Arts and the Humanities.
(6/21/16)
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TITLE II—ENVIRONMENTAL PROTECTION AGENCY


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SCIENCE AND TECHNOLOGY


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Research: Chemical Safety and Sustainability.—The Committee recommends $132,265,000 and fully funds the request for computational toxicology. The Committee supports EPA’s computational toxicology research activities to advance the next generation of risk assessment methods to enable integration of tiered toxicity evaluation strategies, advanced high throughput molecular biological assays and computational methods with exposure information to support risk-based decisions for prioritization and screening.

Within the funds provided, $1,000,000 shall be used to contract with the National Academy of Sciences (NAS) to conduct the peer review of the revised draft IRIS assessment of formaldehyde. The NAS shall ensure that all recommendations and concerns raised in the April 2011 report of the NAS are fully resolved scientifically in the revised draft assessment. Further, the Committee does not accept the proposed $872,000 reduction for endocrine disruptor research.


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DIVISION H-DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES - APPROPRIATIONS ACT, 2017

In implementing this agreement, the Departments and agencies should be guided by the language and instructions set forth in House Report 114-699 accompanying the House bill, H.R. 5926, and Senate Report 114-274 accompanying the Senate bill, S. 3040.

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.

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TITLE I

DEPARTMENT OF LABOR


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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 previously 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.

The agreement includes new language providing authority to use State grants funds for the purchase and maintenance of equipment required under the respirable coal dust standard. The authority is intended to assist entities determined by the Secretary to have demonstrated financial need to comply with the new regulation. The authority is not intended to be used for entities restructuring operations under bankruptcy laws.

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TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

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CDC-WIDE ACTIVITIES

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Sodium.-The agreement directs the Director of CDC, within 90 days of enactment of this Act, to enter into an arrangement with the National Academy of Medicine (NAM) to develop a dietary reference intake report for sodium that takes into consideration studies on all-cause mortality. The agreement directs the CDC to provide a copy of the charter with NAM to the Committees on Appropriations of the House of Representatives and the Senate and to include an update in the fiscal year 2018 budget justification on the timeline for the report.


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NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES (NCATS)

Clinical and Translational Science Awards (CTSA) Program.-The agreement includes additional funding for the CTSA program to ensure that recommendations from the 2013 Institute of Medicine report can be implemented without reducing the total number of CTSA awards. The agreement directs NCATS to maintain the number of CTSA awards-including the number of clinical and translational research institutions-at no less than the fiscal year 2016 level.


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ADMINISTRATION FOR CHILDREN AND FAMILIES

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CHILDREN AND FAMILlES SERVICES PROGRAMS


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Social Services and Income Maintenance Research.-The agreement includes $500,000 to complete the evidence-based, non-partisan analysis of the macroeconomic, health, and crime/social costs of child poverty - including a study of 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. The funds are provided to extend the original agreement with the National Academy of Sciences.

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HRpt 114-699 - To accompany H.R. 5926 – [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, Medicaid and CHIP Payment and Access Commission, 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, 2017, and for other purposes.
(6/22/16)
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CENTERS FOR MEDICARE AND MEDICAID SERVICES

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PROGRAM MANAGEMENT


Therapeutic Foster Care (TFC) Services National Academy of Sciences (NAS) Review.—The Committee is deeply concerned about the lack of a uniform definition within the Medicaid program for therapeutic foster care services. A uniformed TFC definition can improve the ability for more consistent care and treatment. The Committee directs CMS to charter a NAS review within 90 days of enactment of this Act for the development of an operational TFC definition for the Medicaid program. Further, the review should examine advantages and challenges of a uniform definition, and include a list of potential services and interventions to treat mental illness and trauma that could be considered within the scope of the uniform definition. The Committee expects the report will be completed within 12 months after enactment of this Act.

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SRpt 114-274 - To accompany S. 3040 – [M]aking appropriations for Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2017, and for other purposes, reports favorably thereon without amendment and recommends that the bill do pass.
(6/09/16)
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NATIONAL INSTITUTES OF HEALTH


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OFFICE OF THE DIRECTOR

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Infrastructure.—The Committee understands that Federal agencies such as NIH need to maintain and upgrade parts of their physical infrastructure every year. The NIH facilities budget has been relatively flat since 2009. Over time, only the most essential maintenance and repairs for health and safety have been addressed, leaving an increasing backlog of projects requiring attention. To ensure the Committee is informed of NIH’s critical facility needs and inform future infrastructure budgets, the Committee has included up to $1,000,000 for NIH to enter into a contract with the National Research Council, Division of Engineering and Physical Sciences, to prepare a report that assesses the capital needs of NIH’s main campus. The report should identify facilities in greatest need of repair, describe the work needed to bring them up to current standards, and include cost estimates for each project. The Committee directs NIH to provide the report with its recommendations to the House and Senate Committees on Appropriations no later than 1 year from the date of the contract agreement on the statement of work between NIH and the National Research Council.


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CENTERS FOR MEDICARE AND MEDICAID SERVICES

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PROGRAM MANAGEMENT

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Vial Size.—Within 90 days of enactment of this act, CMS shall enter into an agreement with the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine [the Academies] to conduct a study on the Federal healthcare costs, safety, and quality concerns associated with discarded drugs that results from weight-based dosing of medicines contained in single-dose vials. As part of this study, the Academies should assess factors such as patient safety; storage/shipping issues; FDA guidance; CDC guidelines to biopharmaceutical manufacturers; and the Federal cost of discarded drugs. Stakeholders, including CMS, FDA, CDC, DOD, IHS, VA, specialty physicians [including rural practitioners], specialty clinics [including rural clinics], patient groups, biopharmaceutical manufacturers, health insurance companies, and healthcare distributors/wholesalers shall be consulted. The Committee directs this report, which shall include recommendations to Congress, to be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 12 months after the contract date.


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DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017

The following is an explanation of the effects of Division I which makes appropriations for the Legislative Branch for fiscal year 2017. Unless otherwise noted, reference to the House and Senate reports are to House Report 114-594 and Senate Report 114-258. The language included in these reports should be complied with and carry the same emphasis as the language included in the explanatory statement, unless specifically addressed to the contrary in this explanatory statement. While repeating some report language for emphasis, this explanatory statement does not intend to negate the language referred to above unless expressly provided herein.

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GOVERNMENT ACCOUNTABILITY OFFICE SALARIES AND EXPENSES

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Technology Assessment: GAO's work is recognized in the area of technology assessment, since being tasked with this responsibility in 2002. GAO has produced highly technical and scientific reports in response to Congressional requests and statutory requirements. These reports have included technology assessments (TA), and other reports to Congress that incorporate analysis of scientific, technological and engineering issues in their evaluations of federal programs. GAO has also produced best practice guides for use across government on the topics of lifecycle cost estimating, project scheduling, and technology readiness assessment. GAO's work in these areas is led by GAO's Center for Science, Technology, and Engineering (CSTE).

GAO's CSTE provides wide-ranging technical expertise across all of GAO's areas of work, including support to various studies of federal programs with science and technology elements, such as cybersecurity, nuclear and environmental issues, and major technical systems acquisitions, among others. Also noted is the work of CSTE's e-Security laboratory and Cost Engineering Sciences groups which conduct computer and network security evaluations and advanced operations research analyses (including cost, schedule, and technical performance), respectively.

GAO has provided direct support to the Congress via congressional testimony, review of draft legislation, and the adoption of various report recommendations by Executive Branch agencies. GAO is commended for providing key direct technical support to various congressional committees on technology-focused topics such as the U.S. Capitol Police radio systems acquisition.

It is noted that GAO is using rigorous methods in its technical reports, including engaging key external technical experts via group meetings conducted in partnership with the National Academies, cost-benefit analysis, risk analysis, technology maturity assessment, and scenario-based trend identification.

Given the persistent and growing demand for this technical work, the Comptroller General is commended for his strategic initiative to build the scientific and technical capacity within GAO and encouraging further growth as the work portfolio requires. GAO is encouraged to continue a communication effort with Congress to ensure lawmakers are aware of these services.

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DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

CONGRESSIONAL DIRECTIVES

Unless otherwise noted, the language and allocations set forth in the House report (House Report 114-606) and the Senate report (Senate Report 114-243) 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 division or joint explanatory statement. House report language and Senate report language, neither of which is changed by this joint explanatory statement, is a result of the 2017 appropriations agreement. The joint 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 Committees on Appropriations no later than June 30, 2017.

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SRpt 114-243 - To accompany S. 2844 – [M]aking appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2017, and for other purposes, reports favorably thereon and recommends that the bill do pass.
(4/21/16)
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FEDERAL-AID HIGHWAYS


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COMMITTEE RECOMMENDATION

The Committee recommends limiting fiscal year 2017 obligations to $43,266,100,000, which is equal to the budget request, excluding the 21st century clean transportation investments, and $905,100,000 more than the fiscal year 2016 enacted level for the Federal-aid highway program. This funding level is consistent with current funding levels under the most recent authorization law, the Fixing America’s Surface Transportation [FAST] Act. In addition, the bill includes a provision that allows the FHWA to collect and spend fees in order to pay for the services of expert firms in the field of municipal and project finance to assist the agency in the provision of credit instruments.

Autonomous Vehicles.—The Committee is aware of the potential impact of autonomous vehicles on all segments of the economy, and suggests the Secretary conduct studies to assess the economic effects of these vehicles. The Department is encouraged to use funds authorized to carry out section 503(b) and 503 (c) of title 23, United States Code to commission the Transportation Research Board of the National Academies of Sciences to conduct a study on the cost benefit impact of multimodal autonomous self-driving vehicles. The Committee suggests that the study focus on impact of autonomous vehicles on motor carriers, ports, transit, and related industries, and on the so-called crash economy that includes the insurance and healthcare industries.

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