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
######
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.
######
****************************************************************************************************************************************************
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.
######
****************************************************************************************************************************************************
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
######
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.
######
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.
######
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.
######
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURlTY ADMINISTRATION
######
DEFENSE NUCLEAR NONPROLIFERATION
######
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.
######
****************************************************************************************************************************************************
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.
######
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.
######
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.
######
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.
######
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.
######
TITLE II-ENVIRONMENTAL PROTECTION AGENCY
######
SCIENCE AND TECHNOLOGY (INCLUDING RESCISSION OF FUNDS)
######
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
######
SCIENCE AND TECHNOLOGY
######
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.
######
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.
######
TITLE I
DEPARTMENT OF LABOR
######
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.
######
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
######
CDC-WIDE ACTIVITIES
######
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.
######
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.
######
ADMINISTRATION FOR CHILDREN AND FAMILIES
######
CHILDREN AND FAMILlES SERVICES PROGRAMS
######
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
######
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
######
OFFICE OF THE DIRECTOR
######
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.
######
CENTERS FOR MEDICARE AND MEDICAID SERVICES
######
PROGRAM MANAGEMENT
######
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.
######
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.
######
GOVERNMENT ACCOUNTABILITY OFFICE SALARIES AND EXPENSES
######
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.
######
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
######
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.
######