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Title of Law:Omnibus Appropriations Act, 2009
Law #:Public Law 111- 8
Passed by Congress:111th 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.)

HR1105 Obey (D-Wis.) 03/10/09
Enrolled (finally passed both houses)
Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes.
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SEC. 310. GENERAL PLANT PROJECTS. Plant or construction projects for which amounts are made available under this and subsequent appropriation Acts with a current estimated cost of less than $10,000,000 are considered for purposes of section 4703 of Public Law 107-314 as a plant project for which the approved total estimated cost does not exceed the minor construction threshold and for purposes of section 4704 of Public Law 107-314 as a construction project with a current estimated cost of less than a minor construction threshold.

Sec. 311. Energy Production. The Secretary of Energy shall provide funding to the National Academy of Sciences to conduct an inventory of the energy development potential on all lands currently managed by the Department of Energy together with a report, to be submitted not later than July 1, 2009, which includes (1) a detailed analysis of all such resources including oil, gas, coal, solar, wind, geothermal and other renewable resources on such lands, (2) a delineation of the resources presently available for development as well as those potentially available in the future, and (3) an analysis of the environmental impacts associated with any future development including actions necessary to mitigate negative impacts.

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EXPLANATORY STATEMENT SUBMITTED BY MR. OBEY, CHAIRMAN OF THE HOUSE COMMITTEE ON APPROPRIATIONS, REGARDING H.R. 1105, OMNIBUS APPROPRIATIONS ACT, 2009
(02/23/09)
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Following is an explanation of the Omnibus Appropriations Act, 2009, including disclosure of congressional earmarks and congressionally directed spending items as defined in clause 9 of rule XXI of the Rules of the House of Representatives and rule XLIV of the Standing Rules of the Senate.

Section 4 of the Act specifies that this explanatory statement shall have the same effect with respect to the allocation of funds and implementation of this legislation as if it were a joint explanatory statement of a committee of conference.

The Omnibus Appropriations Act includes fiscal year 2009 appropriations encompassing 9 regular annual appropriations bills, each in a separate division, plus a 10th division including further provisions relating to the Department of Homeland Security and other agencies. The divisions contained in the Act are as follows:

Section 3 states that, unless expressly provided otherwise, any reference to “this Act” contained in any division shall be treated as referring only to the provisions of that division.

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DIVISION A

TITLE I—AGRICULTURAL PROGRAMS

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

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FOOD AND NUTRITION SERVICE

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NUTRITION PROGRAMS ADMINISTRATION

The bill provides $142,595,000 for Nutrition Programs Administration.

FNS awarded a contract to the National Academy of Sciences’ Institute of Medicine (IOM) for review of National School Lunch Program and School Breakfast Program meal patterns in February 2008. In September 2008, the contract was modified to also include an examination of meal patterns in the Child and Adult Care Food Program (CACFP). A Phase I report outlining an approach to the analysis for school lunch and school breakfast was released in December 2008, and a set of recommendations for lunch and breakfast in a Phase II report is scheduled for publication in October 2009. The IOM Committee will then focus on meal patterns for the CACFP, with recommendations scheduled for publication in October 2010. FNS is directed to provide periodic updates as appropriate to the Committees.

FNS is directed to make all policy documents related to the WIC program (including, but not limited to, instructions, memoranda, guidance, and questions and answers) available to the public on the internet within one week of their release to state WIC administrators.

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TITLE VI

RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

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The bill provides no less than the fiscal year 2008 level in appropriated funds for activities related to the Mammography Quality Standards Act (MQSA). Appropriations for this program fund research grants and various activities to develop and enforce quality standards for mammography service. On June 26, 2008, the Committees received a report on actions being taken to implement recommendations made in the Institute of Medicine report entitled “Breast Imaging Quality Standards.” The report stated that FDA held an open public meeting on September 28 and 29, 2006, and has been considering potential amendments to MQSA, which would address the IOM report, since this meeting. To date, FDA has not acted on any of these recommendations. This is an unacceptable delay. FDA is directed to report to the Committees on which amendments that FDA will propose to MQSA, if any, in response to the IOM report recommendations, and provide a timeline for these amendments.

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DIVISION B—COMMERCE, JUSTICE, SCIENCE AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

TITLE I—DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

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NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The bill includes $819,000,000 for the National Institute of Standards and Technology (NIST), which is $183,000,000 above the request.

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The bill includes $472,000,000 for NIST’s scientific and technical core programs, of which no less than $8,522,000 shall be for the Baldrige National Quality Program. Within 30 days of enactment of this Act, NIST is directed to provide a spend plan that coincides with the budget restructuring the agency proposed to the House and Senate Committees on Appropriations on July 7, 2008. NIST is encouraged to devote resources to its Measurement & Standards for Climate Change Program and the Office of Law Enforcement Standards.

Printed electronics study.—Flexible, large area and printed electronics technology holds great promise for the competitiveness of the United States. NIST shall enter into an agreement with the National Academy of Sciences to undertake a study that examines the position of the United States in flexible electronics relative to efforts in other countries. The National Academies shall also consider the particular technologies and commercial sectors to which flexible electronics apply and the recommendations that must be undertaken at a Federal level for a national initiative.

Working Capital Fund (WCF).—Within the appropriation, the bill provides up to $9,000,000 for transfer to NIST’s WCF, which is $3,300,000 less than the budget request.

NIST is directed to refrain from charging administrative costs for congressionally directed projects, and is expected to provide appropriate management and oversight of each grant. Within the appropriation, $3,000,000 is provided for the following congressionally directed activities:

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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

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National mesonet network grants.The National Research Council (NRC) has completed a study for NOAA, “Developing Mesoscale Meteorological Observational Capabilities to Meet Multiple National Needs” which provides a framework for a full scale national mesonet network. In particular, the NRC calls for the use of public/private partnerships, the aggregation of a network of networks and the leveraging of existing networks (public and private), as components of the national mesonet for high priority regions—mountains, coastal, and urban. The bill provides $11,000,000 for NOAA to procure competitively a national mesonet, which will provide the critical information needed to improve short- and medium-term weather forecasting (down to local scales), plume dispersion and climate monitoring, as well as air quality analyses. NOAA is directed to utilize $5,000,000 of these funds to maintain operations for existing mesonet network observation agreements. NOAA is further directed to utilize $1,500,000 to examine the use of real time mobile data collected from commercial trucking operators to evaluate, validate and demonstrate the efficacy of providing supplemental weather information to improve the safety and efficiency of the national highway system. NOAA is directed to provide to the House and Senate Committees on Appropriations, within 90 days after enactment, a plan, including policies and requirements, for the operation of the national mesonet, as well as integration of mesonet data into NWS field offices, mesoscale numerical weather prediction models, and with the Advanced Weather Interactive Processing System (AWIPS), as part of the AWIPS Technology Infusion program. NOAA is further directed to make awards no later than September 1, 2009.

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TITLE II—DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For fiscal year 2009, the bill provides $105,805,000 for General Administration (GA), which is equal to the budget request.

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Immigration workload.DOJ’s budget request fails to articulate, or account for, the increased resource requirements that result from other agencies’ activities. This is particularly true with respect to immigration, where the Department has been repeatedly forced to redirect internal resources in order to provide necessary judicial support and basic care for aliens turned over to DOJ by DHS. The practical effect of these redirections has been cuts to non-immigration programs at DOJ. In order to accurately estimate the magnitude of these funding pressures, a methodology is required to create defensible fiscal linkages between DHS activities and DOJ costs. The Department is directed to contract with the National Academy of Sciences to develop, test and select a budget model that accurately captures these fiscal linkages and leverages them into an estimate of DOJ’s immigration-related costs. The $1,000,000 necessary to perform this study should be funded within the appropriated level for this account, and the resulting conclusions should be submitted to the House and Senate Committees on Appropriations upon completion, but not later than 20 months after the enactment of this Act.

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OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

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National Crime Victimization Survey (NCVS).—Within funds provided for BJS, $26,000,000 is made available for the NCVS, which since the 1970s has been a critical resource to improve the understanding of the costs and context of crime victimization in the United States. To improve the usefulness of the NCVS, BJS is urged to implement the recommendations of the National Research Council’s recent report, Surveying Victims: Options for Conducting the National Crime Victimization Survey. NIJ is also encouraged to implement the Council’s recommendation to develop, promote and coordinate sub-national victimization surveys.

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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SCIENCE

The bill provides $4,503,019,000 for science, an increase of $61,500,000 over the budget request. The amount provided reflects an unallocated adjustment of $70,898,000 and reflects unobligated balances carried into fiscal year 2009 from fiscal year 2008. NASA shall within 30 days of enactment of this Act provide to the House and Senate Committees on Appropriations its proposed distribution of the unallocated adjustment. In doing so, NASA shall identify offsets that do not result in delays or cancellations of missions in development or the cancellation of any selected projects, and shall not identify as offsets any increases provided above the request expressly provided by Congress.

Earth science.—NASA’s Earth science portfolio shall have a continuous mixture of small-, medium-, and observatory class Earth science missions that guarantee regular and recurring flight opportunities for the Earth science communities.

Earth decadal survey missions.A total of $150,000,000 is provided for Earth decadal survey missions. Funds are provided to support on-going activities of the ICESat II and SMAP missions. In addition, funds are provided to accelerate and achieve a level of system development more consistent with the National Academy of Sciences’ recommendations. The bill provides funds to accelerate the ICESat II mission so that it will be ready to launch in 2013 concurrently with the SMAP mission, consistent with the National Academy of Sciences’ recommendations.

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Servicing Opportunities for Science Missions. Recognizing the historic successes NASA has achieved through the servicing of the Hubble Space Telescope, the National Research Council’s recent report Launching Science: Science Opportunities Provided by NASA’s Constellation System recommends that “NASA should study the benefits of designing spacecraft intended to operate around Earth or the Moon, or at the libration points for human and robotic servicing.” This recommendation parallels the guidance provided by section 502 of the NASA Authorization Act of 2008 (P.L. 110-422), which recommends that provision be made for servicing of future scientific spacecraft to the extent practicable. Therefore, it will be critical that the Constellation program demonstrate unique capabilities to maintain synergies between free-flying scientific spacecraft and human spaceflight endeavors. Accordingly, the bill provides $20,000,000 for NASA to undertake an assessment of the feasibility of using the Constellation architecture to service existing and future observatory-class scientific spacecraft, fully utilizing the unique, core expertise and competencies for in-space servicing developed by the Goddard Space Flight Center and its private sector partners for the Hubble Space Telescope. NASA shall provide to the House and Senate Committees on Appropriations a plan for expenditure of this funding no later than 30 days after enactment of this Act.

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Solar Probe.The bill includes $18,000,000 for the Solar Probe mission, the highest priority recommendation of the National Academies’ heliophysics decadal report. NASA is directed to work to achieve a launch no later than 2015.

Magnetospheric Multiscale Mission.—The bill includes the budget request of $94,582,000 for the Magnetospheric Multiscale Mission. NASA is directed to undertake no action to de-scope or reduce the project’s scientific instruments or capacity.

Wallops Flight Facility (WFF).—The WFF is an important national asset that can be better utilized by focusing on emerging technologies that meet national needs and NASA priorities. The bill therefore provides programmatic increases of: $5,000,000 for advanced technology development of small satellites and unmanned aerial systems (UAS) that have the potential of lowering the costs of space and Earth science missions consistent with the goals of venture class missions recommended by the National Academies’ Earth science decadal report; and $14,000,000 to improve launch pad infrastructure. NASA is directed to prepare a five-year action plan, including a proposed funding forecast, that identifies specific program and advanced technology development work that will utilize and expand the Wallops Flight Facility’s role in the development of small satellites and unmanned aerial systems to meet critical earth science and other space system needs. This plan is due to the House and Senate Committees on Appropriations by June 1, 2009.

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NATIONAL SCIENCE FOUNDATION

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EDUCATION AND HUMAN RESOURCES

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Climate change education program.The National Science Foundation shall consult with the National Academies in the development of a plan for the distribution of funds provided herein for the climate change education program.

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DIVISION C—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

Following is an explanation of the effects of this division (hereafter referred to as the “bill”). Funds for the individual programs and activities within the accounts in this Act are displayed in the detailed table at the end of the explanatory statement for this Act. Funding levels that are not displayed in the detailed table are identified in this explanatory statement.

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TITLE III—DEPARTMENT OF ENERGY

The summary tables at the end of this title set forth the bill with respect to the individual appropriations, programs, and activities of the Department of Energy. Additional items in the bill are discussed below.

The bill provides $26,967,001,000 for the Department of Energy in fiscal year 2009 to fund programs in its five primary mission areas: science, energy, environment, nuclear non-proliferation and national security.

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SCIENCE

The bill provides $4,772,636,000 for Science.

High Energy Physics.—The bill provides $795,726,000 for this program. Within this amount, $27,766,000 is provided for the NuMI Off-Axis Neutrino Appearance Detector, a reduction of $9,234,000 from the request in recognition of funding provided in Public Law 110-252, and $3,200,000 is provided for EXO 200 neutrinoless double beta decay experiments to complete construction in 2009. The control level is at the High Energy Physics level.

Nuclear Physics.—The bill provides $512,080,080 for this program. Within this amount, $24,900,000 is provided for the Research Isotope Production and Applications program, and within these funds $5,000,000 is provided for the Research Isotope Development and Production Subprogram to develop and implement a research production strategy consistent with the National Academy of Sciences study entitled “State of the Science of Nuclear Medicine.” Consistent with the cost-sharing requirements of Public Law 101-101, the Department is directed to develop a cost recovery strategy to ensure the long-term viability of the isotope production program. The Department is directed to complete a study on the feasibility of using the University of Missouri Research Reactor to supply up to half the U.S. demand for feedstock medical imaging compounds in the form of molybdenum-99 and technicium-99. The control level is at the Nuclear Physics level.

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DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

TITLE I—DEPARTMENT OF THE INTERIOR

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UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

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Global Climate Change Research. The bill includes all of the internal funding transfers recommended by the Survey in order to establish this new budget activity, and an increase of $14,045,000 above the total request. Within the amounts provided, $10,000,000 is for the National Global Warming and Wildlife Science Center and at least $3,000,000 is to implement required geological and biological carbon sequestration studies as required by sections 711, 712 and 714 of the Energy Independence and Security Act of 2007.

The National Global Warming and Wildlife Science Center funding includes $2,500,000 to complete establishment of the Center. Additionally, the funding allows the Center to develop mechanisms that will ensure that it is responsive to the research and management needs of Federal and State agencies regarding the impacts of global warming on fish, wildlife, plants and ecological processes and the mechanisms for adaptation to, mitigation of, or prevention of those impacts. The recommendation also includes $7,500,000 for the Center to fund research projects, including use of external and independent scientific peer review, to address the needs of resource management agencies and the American public through greatly accelerated global warming research and through development of decision support tools.

The Secretary, with the assistance of the USGS National Climate Change and Wildlife Science Center and a science advisory board, including members recommended by the National Academy of Sciences, should initiate development of a national strategy to assist fish, wildlife, plants, and associated ecological processes in becoming more resilient, adapting to, and surviving the impacts of climate change. In developing this national framework for flora and fauna conservation in a changing climate, the Secretary should consult with other Federal agencies, State fish, wildlife and conservation data agencies, Territories, Tribes, scientists, and stakeholders, and the Secretary should provide the public with notice and opportunity for comment.

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TITLE II—ENVIRONMENTAL PROTECTION AGENCY

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SCIENCE AND TECHNOLOGY

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Research: Human Health and Ecosystems.—Within the amount provided, $14,863,000 is for Computational Toxicology; $11,002,000 for Endocrine Disruptor research; and, $9,887,000 for Research: Fellowship, where the increase is directed to the STAR Fellowship Grants. The bill also includes $153,342,000 for Research: Human Health and Ecosystems, which is $8,600,000 above the request. The Agency is directed to allocate that increase as follows: $720,000 to restore the TIME/LTM program to the prior year level; $1,600,000 for the National Academy of Sciences’ third party review of the Federal nanotechnology research program; $3,200,000 to partially restore ecosystems research programs; and, $3,080,000 for human health research. In addition, the Agency is directed to use a portion of the recent increases in the Human Health Risk Assessments program to expedite the new risk assessment for Trichlorethylene.

Integrated Risk Assessment System (IRIS).—Given concerns that the newly revised IRIS process will exacerbate delays and reduce transparency, the Agency is directed to aggressively pursue completion of pending IRIS assessments and to report to the Committees on the steps it will take to revise the IRIS process in accordance with recommendations in the March 2008 GAO report.

Nanotechnology.The House and Senate Committees on Appropriations support EPA’s ongoing efforts to work with the National Academy of Sciences and other Federal partners to conduct a third-party review of the Government’s environmental, health and safety research strategy and have provided funds to support this effort.

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DIVISION F—LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS, 2009

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CENTERS FOR DISEASE CONTROL AND PREVENTION

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Health Promotion

Chronic Disease Prevention, Health Promotion, and Genomics

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The CDC is urged to collaborate with eating disorders researchers in order to better understand the disparity between outside studies and CDC reported morbidity and mortality, focusing on obtaining a clear picture of what might be barriers to the detection and reporting of eating disorders.

Within the total provided for Nutrition, Physical Activity, and Obesity, the bill includes $500,000 for a study by the Institute of Medicine (IOM) that will examine and provide recommendations regarding front-of-package nutrition symbols. These should include, but not be limited to, a review of systems being used by manufacturers, supermarkets, health organizations, and governments in the United States and abroad and the overall merits of front-label nutrition icons, the advantages and disadvantages of various approaches, and the potential benefits of a single, standardized front-label food guidance system regulated by the Food and Drug Administration. Based upon its work, the IOM should recommend one or several of the systems, along with means of maximizing the use and effectiveness of front-label symbols, that it has identified as best at promoting consumers’ health.

The bill provides funding to support CDC’s new initiative for Healthy Communities, remodeled from the former Steps to a Healthier U.S. program. Within the total provided, $4,000,000 is for a community-based grant program focusing on poor nutrition and physical inactivity. Priority in funding should go to applicants with a high degree of collaboration among community organizations, schools, county and municipal governments, and business leaders.

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National Institute for Occupational Safety and Health

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According to a report issued in 2008 by the Institute of Medicine of the National Academies, there is a critical need to better understand the airborne transmissibility of pandemic influenza and other pathogenic bioaerosols to protect healthcare workers and to gauge the efficacy of the currently recommended types of respirators. The bill includes $3,000,000 within the total for Personal Protective Technology for NIOSH to research modes of transmission of influenza and to evaluate filtering face piece respirators, other types of respirators, and other personal protective technology equipment. Further, NIOSH is urged to design and promote the next generation of personal protective equipment for healthcare workers and first responders to address the unique challenges posed by the healthcare environment.

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