The National Academies: Advisers to the Nation on Science, Engineering, and Medicine
NATIONAL ACADEMY OF SCIENCES NATIONAL ACADEMY OF ENGINEERING INSTITUTE OF MEDICINE NATIONAL RESEARCH COUNCIL
Current Operating Status

The National Academies Testimony before Congress

Public Laws Containing Studies for the National Academies

Briefings to Congress

Congressionally Mandated Reports

Policy Statements and Historical Documents

The OCGA staff

Request a Report (Congressional and Government Staff Only)


Mailing Address:
The Office of Congressional and Government Affairs
The Keck Center of the National Academies
Keck WS1008
500 Fifth Street, NW
Washington, DC 20001
Tel: (202) 334-1601
Fax: (202) 334-2419

Back to Main Page


Title of Law:Consolidated and Further Continuing Appropriations Act, 2013
Law #:Public Law 113- 6
Passed by Congress:113th Congress (1st 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. (Pound signs [##] between passages denote the deletion of unrelated text.)

HR933 Rogers, H. (R-Ky.) 03/21/13
Enrolled (finally passed both houses)
Making consolidated appropriations and further continuing appropriations for the fiscal year ending September 30, 2013, and for other purposes.
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

######

TITLE VIII

GENERAL PROVISIONS

######

(INCLUDING TRANSFER OF FUNDS)

Sec. 8103. There is hereby established in the Treasury of the United States the “Ship Modernization, Operations and Sustainment Fund”. There is appropriated $2,382,100,000, for the “Ship Modernization, Operations and Sustainment Fund”, to remain available until September 30, 2014: Provided, That the Secretary of the Navy shall transfer funds from the “Ship Modernization, Operations and Sustainment Fund” to appropriations for military personnel; operation and maintenance; research, development, test and evaluation; and procurement, only for the purposes of manning, operating, sustaining, equipping and modernizing the Ticonderoga-class guided missile cruisers CG-63, CG-64, CG-65, CG-66, CG-68, CG-69, CG-73, and the Whidbey Island-class dock landing ships LSD-41 and LSD-46: Provided further, That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which they are transferred: Provided further, That the transfer authority provided herein shall be in addition to any other transfer authority available to the Department of Defense: Provided further, That the Secretary of the Navy shall, not less than 30 days prior to making any transfer from the “Ship Modernization, Operations and Sustainment Fund”, notify the congressional defense committees in writing of the details of such transfer.

Sec. 8104. None of the funds made available by this Act may be used by the Secretary of Defense to take beneficial occupancy of more than 2,500 parking spaces (other than handicap-reserved spaces) to be provided by the BRAC 133 project: Provided, That this limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress that levels of service at existing intersections in the vicinity of the project have not experienced failing levels of service as defined by the Transportation Research Board Highway Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation agree on the number of additional parking spaces that may be made available to employees of the facility subject to continued 90-day traffic monitoring; and (3) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days prior to exercising this waiver of the number of additional parking spaces to be made available.

Sec. 8105. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall resume quarterly reporting of the numbers of civilian personnel end strength by appropriation account for each and every appropriation account used to finance Federal civilian personnel salaries to the congressional defense committees within 15 days after the end of each fiscal quarter.

Sec. 8106. None of the funds appropriated in this or any other Act may be used to plan, prepare for, or otherwise take any action to undertake or implement the separation of the National Intelligence Program budget from the Department of Defense budget.

######

TITLE I

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION, ARMY

######

(INCLUDING TRANSFER OF FUNDS)

Sec. 124. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation “Foreign Currency Fluctuations, Construction, Defense”, to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred.

Sec. 125. None of the funds made available by this Act may be used by the Secretary of Defense to take beneficial occupancy of more than 2,500 parking spaces (other than handicap-reserved spaces) to be provided by the BRAC 133 project: Provided, That this limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress that levels of service at existing intersections in the vicinity of the project have not experienced failing levels of service as defined by the Transportation Research Board Highway Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation agree on the number of additional parking spaces that may be made available to employees of the facility subject to continued 90-day traffic monitoring; and (3) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days prior to exercising this waiver of the number of additional parking spaces to be made available.

Sec. 126. None of the funds made available by this Act may be used for any action that relates to or promotes the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado.

Sec. 127. Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in effect on the date of enactment of this Act.

Sec. 128. (a) Except as provided in subsection (b), none of the funds made available in this Act may be used by the Secretary of the Army to relocate a unit in the Army that—

(1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and

(2) is located at a military installation at which the total number of civilian employees of the Department of the Army and Army contractor personnel employed exceeds 10 percent of the total number of members of the regular and reserve components of the Army assigned to the installation.

(b) Exception.—Subsection (a) shall not apply if the Secretary of the Army certifies to the congressional defense committees that in proposing the relocation of the unit of the Army, the Secretary complied with Army Regulation 5-10 relating to the policy, procedures, and responsibilities for Army stationing actions.

Sec. 129. Notwithstanding any other provision of law, none of the funds made available to the Department of Defense for military construction in this or any other Act, may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery.

######

TITLE V

LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES

######

(INCLUDING TRANSFER OF FUNDS)

Sec. 1508. Notwithstanding section 1101, the level for “Department of Health and Human Services, National Institutes of Health, Office of the Director” shall be $1,528,181,000: Provided, That the fourth proviso under such heading shall be applied to funds appropriated by this Act by substituting the following: “: Provided further, That $165,000,000 shall be for the National Children’s Study (NCS), except that not later than July 15, 2013 the Director shall estimate the amount needed for the NCS during fiscal year 2013, taking into account the succeeding proviso, and any funds in excess of the estimated need shall be transferred to and merged with the accounts for the various Institutes and Centers of NIH in proportion to their shares of total NIH appropriations made by this Act: Provided further, That the Director shall contract with the National Academy of Sciences within 60 days of enactment of this Act to appoint an expert Institute of Medicine/National Research Council (IOM/NRC) panel to conduct a comprehensive review and issue a report regarding proposed methodologies for the NCS Main Study, including whether such methodologies are likely to produce scientifically sound results that are generalizable to the United States population and appropriate sub-populations: Provided further, That no contracts shall be awarded for conducting the Main Study until at least 60 days after the IOM/NRC report has been available to the public:”.

Sec. 1509. Notwithstanding section 1101, the level for “Department of Health and Human Services, Administration for Children and Families, Refugee and Entrant Assistance” shall be $1,016,000,000.

Sec. 1510. Notwithstanding section 1101, the level for “Department of Health and Human Services, Administration for Children and Families, Payments to States for the Child Care and Development Block Grant” shall be $2,328,313,000: Provided, That in addition to the amounts required to be reserved by the States under section 658G of the Child Care and Development Block Grant Act, $297,078,000 shall be reserved by the States for activities authorized under section 658G of such Act, of which $108,950,000 shall be for activities that improve the quality of infant and toddler care.

Sec. 1511. In addition to amounts otherwise made available by section 1101, $33,500,000 is appropriated for “Department of Health and Human Services, Administration for Children and Families, Children and Families Services” for making payments under the Head Start Act: Provided, That notwithstanding section 640 of such Act, up to $25,000,000 of such funds shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and (9) of section 641(c) of the Head Start Act under the Designation Renewal System, established under the authority of sections 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Provided further, That amounts allocated to Head Start grantees at the discretion of the Secretary to supplement activities pursuant to the previous proviso shall not be included in the calculation of the “base grant” in subsequent fiscal years, as such term is used in section 640(a)(7)(A) of the Head Start Act.

Sec. 1512. Notwithstanding section 1101, the level for “Department of Health and Human Services, Office of the Secretary, Public Health and Social Services Emergency Fund” shall be increased by $17,000,000 for expenses necessary for replacement of building leases and associated renovation costs for Public Health Service agencies and other components of the Department of Health and Human Services, including relocation and fit-out costs, to remain available until expended.

Sec. 1513. Of the amount provided by section 1101 for “Department of Education, Safe Schools and Citizenship Education” for subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965, $3,000,000, to remain available until expended, shall be for the Project School Emergency Response to Violence program to provide education-related services to local educational agencies and institutions of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis.

Sec. 1514. Notwithstanding section 1101, the provisos under the heading “Department of Education—Special Education” shall be applicable as if the following four provisos were inserted after the first proviso: “:Provided further, That the Secretary shall distribute to all other States (as that term is defined in section 611(g)(2)), subject to the third proviso, any amount by which a State’s allocation under section 611(d), from funds appropriated under this heading, is reduced under section 612(a)(18)(B), in accordance with section 611(d)(3)(A)(i)(II) and (III) without regard to section 611(d)(3)(A)(i)(I) and section 611(d)(3)(B): Provided further, That the Secretary may not distribute any funds under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States shall allocate such funds distributed under the second preceding proviso to local educational agencies in accordance with section 611(f): Provided further, That the amount by which a State’s allocation under section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and the amounts distributed to States under the previous provisos from funds appropriated for fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years:”.

Sec. 1515. Of the amount provided by section 1101 for “Department of Education, Higher Education” for subpart 2 of part A of title VII of the Higher Education Act of 1965, up to $4,451,000 shall be available to fund continuation awards for projects originally supported under subpart 1 of part A of title VII of such act.

Sec. 1516. Notwithstanding section 1101, the level for “Railroad Retirement Board, Limitation on Administration” shall be $111,149,000.

Sec. 1517. Notwithstanding section 1101, the level for “Social Security Administration, Supplemental Security Income Program” for research and demonstrations under sections 1110, 1115, and 1144 of the Social Security Act shall be $17,000,000.

Sec. 1518. Of the funds made available by section 1101 for “Social Security Administration, Limitation on Administrative Expenses”, $23,000,000 shall be for section 1149 of the Social Security Act and $7,000,000 shall be for section 1150 of the Social Security Act.

Sec. 1519. Of the funds made available by section 1101 for “Social Security Administration, Limitation on Administrative Expenses” for the cost associated with continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, $273,000,000 is provided to meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and $483,052,000 is additional new budget authority specified for purposes of section 251(b)(2)(B) of such Act.

Sec. 1520. Of the funds made available for the Community-Based Care Transitions Program under section 3026 of Public Law 111-148, $200,000,000 are hereby rescinded.

Sec. 1521. Notwithstanding section 1101, the rescissions made in sections 522 and 525 of division F of Public Law 112-74 shall be repeated in this Act with respect to funds available for fiscal year 2013.

Sec. 1522. Section 148 of Public Law 112-175 is amended to read as follows: “Activities authorized by part A of title IV and section 1108(b) of the Social Security Act (except for activities authorized in section 403(b) of such Act) shall continue through September 30, 2013, in the manner authorized for fiscal year 2012, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose.”.

######

************************************************************************************
Senate Explanatory Statement
CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT
(03/11/13)

--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

Ms. MIKULSKI. Madam President, I submit to my colleagues the following explanatory statement with regard to H.R. 933:

######

TITLE I

DEPARTMENT OF COMMERCE

######

National Telecommunications and Information Administration

SALARIES AND EXPENSES

This Act includes $45,994,000 for the salaries and expenses of the National Telecommunications and Information Administration (NTIA). An increase in funding is not provided for Internet innovation programs as these activities should be included within NTIA’s existing portfolio. House language regarding a National Academy of Sciences report on NTIA’s Institute for Telecommunications Sciences is amended to direct that this report be provided within one year of enactment of this Act.

######

National Oceanic and Atmospheric Administration

######

National Mesonet Program.—The continuation of the mesonet program through a competitive process is supported. Senate language is clarified that NOAA is not required to integrate mesonet observations into NWS severe weather alerts, conduct pilots, or use funds to study how mesonet data can be integrated into the Advanced Weather Interactive Processing System. However, NWS is not prevented from undertaking any of these activities. The Senate’s reference to NOAA Link is not adopted, but NOAA shall continue to use the most appropriate contract vehicles for information technology contracts across the agency. NOAA is directed to provide a report to the Committees on Appropriations no later than 120 days after enactment of this Act that includes a discussion of the recommendations from the 2009 National Academy of Sciences report, Observing Weather and Climate from the Ground Up: A Nationwide Network of Networks and an analysis from NOAA regarding any future plans to assimilate mesonets into its enterprise.

######

National Aeronautics and Space Administration

######

SCIENCE

This Act includes $5,144,000,000 for Science.

Earth Science.—$1,785,000,000 is for Earth Science, and language from the Senate report on carbon monitoring is adopted by reference.

Planetary Science.—$1,415,000,000 is for Planetary Science, including $192,000,000 for Planetary Science Research, $243,980,000 for Discovery, $175,000,000 for New Frontiers, $450,800,000 for Mars Exploration and $159,000,000 for Outer Planets.

Within the amount provided for Mars Exploration, $146,400,000 is for the continued development of the MAVEN mission, $65,000,000 is for operation of the Mars Science Laboratory and $239,400,000 is for other Mars activities, including the formulation of a future Mars mission that is responsive to the scientific goals of the most recent planetary science decadal survey and the potential completion of instrumentation or other contributions to international Mars exploration efforts. Direction provided in H.R. 5326 of the 112th Congress and the House report on submitting future Mars mission concepts to the National Research Council for review does not apply to the Mars funding provided herein.

Within the amount provided for Outer Planets, $75,000,000 shall be for pre-formulation and/or formulation activities in support of a mission that achieves the scientific goals laid out in the Jupiter Europa section of the most recent planetary science decadal survey. These activities include, but are not limited to, concept studies and concept development, technology development and requirements definition.

######

CROSS AGENCY SUPPORT

This Act includes $2,823,000,000 for Cross Agency Support.

Cybersecurity.—Language from the Senate report regarding cybersecurity is adopted by reference.

Comprehensive independent assessment.Language from the House report regarding NASA’s response to a comprehensive independent assessment of the agency conducted by the National Research Council is adopted by reference.

######

National Science Foundation

######

EDUCATION AND HUMAN RESOURCES

######

Best practices in K-12 STEM education.Adopted, by reference, is language from the House report on the implementation of the recommendations contained in the National Research Council’s 2011 report entitled Successful K-12 STEM Education: Identifying Effective Approaches in Science, Technology, Engineering, and Mathematics.

######

TITLE I

DEPARTMENT OF DEFENSE

######

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005

The bill appropriates $126,697,000 for the Department of Defense Base Closure Account 2005. Significant bid savings have been realized in the BRAC 2005 military construction program, primarily as a result of the favorable bid climate over the past several years, and these savings should be used to offset current BRAC 2005 requirements. The bill therefore rescinds $132,513,000 from previous BRAC 2005 appropriations (Sec. 131 of Administrative Provisions) to offset the fiscal year 2013 request.

BRAC 133.In an effort to mitigate traffic congestion surrounding the Mark Center site, the bill includes a limitation on the number of parking spaces the Department may utilize at the Mark Center to no more than 2,500, with the exception of disabled parking spaces. The limitation may be waived in part, but not in whole, if the Secretary of Defense certifies that none of the intersections surrounding the Mark Center reach failing levels of service “e” or “f,” as defined by the Transportation Research Board Highway Capacity Manual, during a consecutive 90 day period.

######

************************************************************************************
HRpt 112-463 - To accompany H.R. 5326
COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 2013
House Appropriations
(05/02/12)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

######

TITLE I

DEPARTMENT OF COMMERCE

######

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends $45,568,000 for the salaries and expenses of the National Telecommunications and Information Administration (NTIA), which is the same as fiscal year 2012 and $1,357,000 below the request.

Public Safety Broadband Corporation.—The Committee directs NTIA and NIST to provide an implementation schedule to the Committee no later than 120 days after enactment of this Act that describes the timeframes for deploying the “FirstNet” public safety broadband network established under Public Law 112-96 and includes a description of the types of research NIST will undertake and how this research will inform the NTIA grant-making process.

Broadband Technology Opportunities Program.—The Committee directs NTIA to continue submitting quarterly reports on the Broadband Technology Opportunities Program. As part of this report, NTIA shall include a particular emphasis on the seven projects that are supporting deployment of 700 MHz public safety broadband networks and describe how these projects will be coordinated with “FirstNet” noted above.

Institute for Telecommunications Sciences (ITS).—The recommendation includes a requested $1,886,000 reduction to eliminate multimedia quality research at the NTIA’s ITS. The Committee directs the Secretary of Commerce to examine the research on public safety wireless communication conducted by ITS and make recommendations by February 5, 2013, for merging all or some of these research components into NIST. Further, the Committee expects NTIA to engage the National Academy of Sciences to analyze the research and activities of ITS and make recommendations regarding the extent to which ITS research is addressing future telecommunications challenges and spectrum needs. This report shall be provided to the Committee by June 2013.

######

SCIENCE

######

Planetary Science.—The Committee understands that budget pressures within and outside of the Science Mission Directorate have required reductions in NASA’s science portfolio. The Committee is concerned, however, by the Administration’s proposal to make those reductions disproportionately within the planetary science program. Planetary science has long been one of NASA’s most successful programs, and the cuts proposed in the budget request will endanger this strong record and deviate significantly from the program plan envisioned by the most recent planetary science decadal survey. The Committee’s recommendation of $1,400,000,000 seeks to address programmatic areas where the Administration’s proposal is most deficient in meeting the decadal survey’s goals while also ensuring that the program, as a whole, maintains balance among program elements.

The first area of deficiency in the request is Planetary Science Research. The decadal survey recommended increasing research funding by a specified rate above inflation, but the request only achieves this standard by including in the total a new Joint Robotics Program for Exploration (JRPE), which is not a traditional research program as envisioned by the NRC. The Committee has addressed this problem by providing $192,000,000 for Planetary Science Research. This level is sufficient to support both the requested level for JRPE and an additional $3,500,000 above the request for traditional research and analysis activities in order to achieve better consistency with the decadal recommendation.

The request also proposes insufficient funding for the Discovery and New Frontiers programs, resulting in significant delays relative to the mission tempos outlined in the decadal. To improve these tempos, the Committee has provided a total of $480,000,000 for Discovery and New Frontiers, which is $115,400,000 above the aggregate requests for these programs. NASA is directed to divide these funds between Discovery and New Frontiers in a manner that optimizes the potential mission tempos for both programs.

The final areas of deficiency in the request are Mars Exploration and Outer Planets. The decadal survey chose a Mars sample return mission and a Jupiter Europa orbiter as its top two flagship-class priorities, but the budget request reduces funds for a future Mars mission (“Mars Next Decade”) to a fraction of previous planning estimates and eliminates all funding for substantive work on a new outer planets mission. As such, the request will inhibit significant progress from being made on either priority, even in descoped form.

The Committee rectifies this situation by increasing the funds available for Mars Next Decade to $150,000,000, or $88,000,000 above the request, in order to allow for a more substantial mission concept to be developed. According to the decision rules of the decadal survey, however, that mission concept must lead to the accomplishment of sample return in order to remain a top funding priority. Because the Committee is unable to discern whether this condition is being met from the scant information provided to date about Mars Next Decade, NASA is directed to promptly submit its Next Decade mission concept to the NRC for evaluation. The recommendation includes language prohibiting the obligation of funds for the mission unless and until the NRC submits to the Committees on Appropriations a certification confirming that the mission concept will lead to the accomplishment of sample return as described in the Mars Astrobiology Explorer-Cacher section of the decadal survey. If the NRC instead determines that NASA’s chosen mission concept will not lead to the accomplishment of sample return, NASA is directed to immediately: (1) notify the Committees; (2) reallocate the funds provided for Mars Next Decade to the Outer Planets Flagship program in order to begin substantive work on the second priority mission, a descoped Europa orbiter; and (3) submit the Mars Next Decade mission concept, or any substitute Mars mission concept, for competition in the Discovery or New Frontiers programs.

######

RSS News Feed | Subscribe to e-newsletters | Feedback | Back to Top