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.)
HR1625 Royce (R-Calif.) 03/23/18
Enrolled (finally passed both houses)
To amend the State Department Basic Authorities Act of 1956 to
include severe forms of trafficking in persons within the definition
of transnational organized crime for purposes of the rewards program
of the Department of State, and for other purposes.
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DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2018
######
TITLE V
INDEPENDENT AGENCIES
######
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable under 5 U.S.C.
5376, purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $8,000 for
official reception and representation expenses, $126,000,000, of
which $1,100,000 shall remain available until expended to carry out
the program, including administrative costs, required by section
1405 of the Virginia Graeme Baker Pool and Spa Safety Act (Public
Law 110–140; 15 U.S.C. 8004).
administrative provisions—consumer product safety commission
Sec. 501. During fiscal year 2018, 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 A - AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT,
2018
CONGRESSIONAL DIRECTIVES
The explanatory statement is silent on provisions that were in
both the House Report (H.Rpt. 115-232) and
Senate Report (S.Rpt. 115-131) that remain
unchanged by this agreement, except as noted in this explanatory
statement.
The agreement restates that executive branch wishes cannot
substitute for Congress's own statements as to the best evidence of
congressional intentions, which are the official reports of the
Congress. The agreement further points out that funds in this Act
must be used for the purposes for which appropriated, as required by
section 1301 of title 31 of the United States Code, which provides:
"Appropriations shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law."
The House and Senate report language that is not changed by the
explanatory statement is approved and indicates congressional
intentions. The explanatory statement, while repeating some
report language for emphasis, does not intend to negate the
language referred to above unless expressly provided
herein.
######
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN (WIC)
The agreement provides $6,175,000,000 for the Special Supplemental
Nutrition Program for Women, Infants, and Children.
The agreement fully funds estimated WIC participation in fiscal year
2018. The agreement includes $60,000,000 for breastfeeding support
initiatives; $14,000,000 for infrastructure; and an increase of
$25,000,000 for the contingency reserve.
The work of the National Academies of Science (NAS) to review
and make recommendations for updating the WIC food packages to
reflect current science and cultural factors is recognized. The
agreement notes, however, that while all revised packages now
allow some fish, the amounts remain low compared to the
recommendations of other authoritative health agencies. The
agreement strongly encourages the Department to consider the
health and cultural benefits of fish consumption as the NAS
recommendations are reviewed and used to inform the Department's
next course of action. The agreement also strongly encourages the Department to continue
to allow states to submit cultural food package proposals to respond
to the cultural preferences of WIC participants in states like
Alaska.
######
******************************************************************************************************************************************************************
HRpt 115-232 - To accompany H.R.
3268 – [M]aking appropriations for Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies for fiscal year
2018.
(6/17/17)
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TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
######
Genomic Editing.—The Committee understands the potential
benefits to society in the genetic modification of living organisms.
However, researchers do not yet fully understand all the possible
side effects of editing the genes of a human embryo. Editing of the
human germ line may involve serious and unquantifiable safety and
ethical issues. Federal and non-federal organizations such as the National
Academy of Sciences and National Academy of Medicine continue to
understand the potential risks of genome editing and a broader
public discussion of the societal and ethical implications of
this technique is still ongoing. In accordance with the current policy at the National Institutes
of Health, the Committee includes bill language that places a
prohibition on the FDA’s use of funds involving the genetic
modification of a human embryo. The Committee continues to support a
wide range of innovations in biomedical research, but will do so in
a fashion that reflects well-established scientific and ethical
principles.
######
New Technologies to Promote Food Safety.—The Committee encourages the National Academies of Sciences,
Engineering, and Medicine to conduct a study on new technologies
to promote microbiological food safety and prevent foodborne
illnesses. The study should review methods that have been
developed but not implemented, are in development, or have been
proposed but not well developed. The study also should identify
any regulatory, economic, or other barriers to implementing
technologies. The review should encompass methods that could be
applied on farms and feedlots, in feed- and food-production and
processing facilities, restaurants and supermarkets, and
elsewhere in the food supply chain. The various methods should
be applicable to meat and poultry products, dairy foods,
seafood, plant products, processed and packaged foods, and other
foods.
######
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SRpt 115-131 - To accompany S. 1603 – [M]aking appropriations for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30,
2018, and for other purposes, reports favorably thereon and
recommends that the bill do pass.
(7/20/17)
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######
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN [WIC]
######
COMMITTEE RECOMMENDATIONS
The Committee recommends an appropriation of $6,350,000,000 for the
Special Supplemental Food Program for Women, Infants, and Children
[WIC].
The Committee recommendation fully funds estimated WIC participation
in fiscal year 2018. The Committee recommendation includes
$80,000,000 for breastfeeding support initiatives and $14,000,000
for infrastructure.
WIC Food Package.—The Committee appreciates the work of the National Academies of
Science to review and make recommendations for updating the WIC
food packages to reflect current science and cultural factors.
The Committee notes, however, that while all revised packages
now allow some fish, the amounts remain low compared to the
recommendations of authoritative agencies such as the World
Health Organization and in some cases, sporadic. The Committee
strongly encourages the Department to prioritize the health and
cultural benefits of fish consumption as regulations are revised
to implement the NAS recommendations and to increase the amount
of healthful fish above the amounts recommended by the
NAS. The Committee also strongly encourages the Department to allow
States to prioritize fish over legumes and peanut butter to respond
to the cultural preferences of WIC participants in States like
Alaska.
WIC Food Package Recommendation.—The Committee supports the
important public health role WIC plays in assuring healthy
pregnancies and birth outcomes, and growing healthy young children
ready to learn when they enter school through quality nutrition
education and prescribed foods. The Committee encourages the Secretary to review and implement
the recommendations, where appropriate, established in the
January 2017 National Academies of Sciences, Engineering, and
Medicine report, Review of WIC Food Packages: Improving Balance
and Choice: Final Report. The recommendations are in accordance with the regular review of
the Food Packages provided for under the Healthy, Hunger Free Kids
Act of 2010.
######
DIVISION B-COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
Report language included in House Report 115-231 ("the House report") or Senate Report 115-139 ("the Senate report") that is not changed by this explanatory
statement or this Act is approved. The explanatory statement, while repeating some language for
emphasis, is not intended to negate the language referred to above
unless expressly provided herein. In cases where both the House
report and the Senate report address a particular issue not
specifically addressed in the explanatory statement, the House
report and the Senate report should be read as consistent and are to
be interpreted accordingly. In cases where the House report or the
Senate report directs the submission of a report, such report is to
be submitted to both the House and Senate Committees on
Appropriations ("the Committees").
######
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
This Act includes $20,736,140,000 for the National Aeronautics and
Space Administration (NASA).
SCIENCE
This Act includes $6,221,500,000 for Science. The agreement reiterates the importance of the decadal survey
process and rejects the cancellation of scientific priorities
recommended by the National Academy of Sciences decadal survey
process.
######
Planetary Science.-This Act includes $2,227,900,000 for
Planetary Science. Of this amount, $595,000,000 is for the Europa
mission, including both the Clipper and Lander components. The
agreement also provides $66,000,000 for Near Earth Object
Observations as directed by the Senate. The agreement provides up to
$335,800,000 for Discovery and up to $90,000,000 for New Frontiers.
Within amounts currently available in the Planetary program and from
funds provided in this Act, no more than $35,000,000 is for the
Near-Earth Object Camera (NEOCam) mission to complete a system
requirement review and mission design review, and associated
follow-up work. Also included is $660,000,000 for Mars with language
clarifying House direction to support the Mars Sample return mission
and Orbiter, as appropriate. The agreement also provides $23,000,000
for the Mars helicopter technology demonstration activity. The agreement modifies House language regarding an Exoplanet
Exploration Decadal Survey to acknowledge that this matter is
being explored in a February 2018, National Academy of Sciences
call for White Papers: Exoplanet Science Strategy in advance of
the upcoming decadal surveys in astronomy, astrophysics, and
planetary science.
######
******************************************************************************************************************************************************************
HRpt 115-231 - To accompany H.R.
3267 – [M]aking appropriations for Commerce, Justice, Science, and
Related Agencies for the fiscal year ending September 30, 2018, and
for other purposes.
(7/17/17)
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######
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
######
SCIENCE
######
Planetary Science.—The recommendation includes
$2,120,900,000 for Planetary Science. One of the primary recommendations of the National Academies’
2012 Decadal Survey for Planetary Science was for NASA to
achieve a balanced program through a mix of Discovery, New
Frontiers, and flagship missions and an appropriate balance
among the many potential targets in the solar system. The Committee urges NASA, in subsequent budget requests, to ensure
that it requests sufficient funds across its Discovery and New
Frontiers programs to ensure a balanced cadence of missions.
Further, the Committee expects NASA to request sufficient funds for
Research and Analysis to ensure that data collected by NASA assets
can be exploited by scientists and researchers. The recommendation
includes $305,600,000 for Planetary Science Research, including
$197,900,000 for Planetary Science Research and Analysis. Also
included is $60,000,000 for NASA’s efforts to detect and monitor
near Earth objects and for its asteroid impact and deflection
assessment (AIDA) and double asteroid redirection test (DART)
activities. Commensurate with this funding, NASA is urged to conduct
research into directed energy as a means of asteroid deflection.
Further, the Committee encourages NASA to examine its use of NSF’s
ground-based telescopes to fulfill its planetary protection mission
to determine if additional funds are required.
Near Earth Object Camera (NEOCam).—The Committee is supportive of the NEOCam mission, which
follows a 2010 National Academy of Sciences report regarding
space-based infrared survey telescopes required to discover
asteroids that pose a hazard to Earth. NEOCam will also assist NASA in meeting the congressionally
mandated directive to detect and characterize hazardous near Earth
objects. The Committee understands that NEOCam has been approved for
extended Phase A studies that are intended, in part, to review
projected overall cost estimates. NASA shall provide a report no
later than 120 days after enactment of this Act regarding estimated
life cycle costs, including schedule and milestones toward a
projected 2020 launch date.
######
Astrophysics probe missions.—NASA shall seek input from the National Academy of Sciences and
the academic and scientific community regarding the need for,
and benefits of, establishing a competitive, principle
investigator-led astrophysics program to bridge the gap between
Explorer and less-frequent Flagship missions. NASA shall provide an interim report on these matters within 180
days of enactment of this Act, with a final report to be submitted
no later than one year after enactment of this Act.
######
SPACE TECHNOLOGY
######
The Committee also directs NASA to accelerate work on Starshade and
WFIRST to ensure that WFIRST is Starshade compatible, and that
Starshade will launch and be capable of working with WFIRST to
identify the nearest Earth-like planet that shows evidence of extant
life. The Committee directs NASA to include a section in the
interstellar propulsion technology report which details NASA’s plan
to make WFIRST Starshade compatible and what size, design and
funding requirements are necessary for Starshade and WFIRST to
resolve the planet from the star and spectrographically analyze the
atmosphere of rocky Earth-like planets in the habitable zones of
stable, long-lived stars out to a distance of 10 parsecs. NASA is encouraged to collaborate with the National Academies
of Sciences to create a permanent Decadal Survey for Exoplanet
Exploration for the next decade and beyond, and NASA is directed
to follow the recommendations of this new Exoplanet Exploration
Decadal Survey in developing America’s long-term plans for
systematic interstellar exploration missions to Earth-like
planets harboring life in our galactic neighborhood.
######
NATIONAL SCIENCE FOUNDATION
######
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The Committee recommends $77,800,000 for Major Research Equipment
and Facilities Construction (MREFC).
Large Synoptic Survey Telescope (LSST).—The recommendation includes $57,800,000, the requested amount,
for LSST. LSST, which was ranked as the top large ground-based
astronomy project by the National Research Council 2010 Decadal
Survey, will produce the deepest, widest-field sky image ever,
and issue alerts for moving and transient objects within 60
seconds of discovery. NSF shall provide quarterly briefings to the Committee on the
status of LSST, to include updates on resolution of issues
identified by the NSF IG.
######
EDUCATION AND HUMAN RESOURCES
The Committee recommends $880,000,000 for Education and Human
Resources (EHR), which is the same as fiscal year 2017 and
$119,450,000 above the request.
STEM-focused K-12 schools.—The Committee notes that prior National Research Council and
National Science Board reports have encouraged education
researchers and policymakers to give increased consideration to
STEM-focused K-12 schools as an effective means of increasing
STEM literacy. With those reports in mind, the Committee encourages NSF to work
within its existing programs to promote opportunities for
collaboration between universities or non-profit research
institutions and STEM-focused schools serving K-12 students.
######
OFFICE OF THE NATIONAL SCIENCE BOARD
The Committee recommends $4,370,000, which is the same as fiscal
year 2017 and the same as the request, for the National Science
Board.
Infrastructure.—The Committee is supportive of recent
actions to lower the MREFC threshold but encourages the National
Science Board to consider further changes that would bridge the gap
between the Major Research Instrumentation program and the MREFC
account while also developing processes appropriate for mid-scale
infrastructure, cyberinfrastructure, and instrument upgrades to be
funded through the MREFC account. The Board shall, in collaboration with the National Academies,
examine these requirements and report to the Committee within
180 days after enactment of this Act regarding its
recommendations on how to address this matter within the
confines of a restricted funding environment.
######
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SRpt 115-139 - To accompany S.
1662 – [M] aking appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2018, and for other purposes, reports favorably
thereon and recommends that the bill do pass.
(7/27/17)
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
######
For Science, the Committee’s recommendation strives to keep NASA’s
near-term launches on track to continue progress in exploring our
solar system and the universe, understanding the sun, and observing
our planet. The Committee expects NASA to continue making progress on the
recommendations of the National Academies’ decadal surveys, now
and in the future.
######
SCIENCE
######
Heliophysics.—The Committee recognizes that a greater
understanding of our Sun and the accompanying technologies developed
for that purpose will help to mitigate the hazards that solar
activity poses to the ground- and space-based platforms that
strengthen our national security, economic competitiveness, and
scientific prowess. As recommended by the National Research Council Decadal
Survey, the Committee directs NASA to implement a 2-year cadence
of alternating Small Explorer [SMEX] and Mid-sized Explorer
[MIDEX] missions, and enable a regular selection of Missions of
Opportunity [MOs] to allow heliophysics researchers to rapidly
respond to and participate in missions both inside and outside
of NASA. The Committee also supports implementation of the
Diversify, Realize, Integrate, Venture, Educate [DRIVE]
initiative, a top priority of the National Research Council
Decadal Survey, which would increase the competitive
Heliophysics research program from 10 percent to 15 percent of
the budget request to enable the development of new
technologies, and establish competitively-awarded Heliophysics
Science Centers. The Committee recognizes the increasingly multidisciplinary nature
of Heliophysics, and so seeks to provide researchers with the
necessary tools to enable continued scientific progress in this
field.
######
DIVISION D-ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
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, 2018, 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 115-230 and Senate Report 115-132 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.
######
TITLE III-DEPARTMENT OF ENERGY
The agreement provides $34,520,049,000 for the Department of Energy
to fund programs in its primary mission areas of science, energy,
environment, and national security. The Department is prohibited
from funding fellowship and scholarship programs in fiscal year 2018
unless the programs were explicitly included in the budget
justification or funded within this agreement. The Department is
expected to spend funds as provided for within this agreement in an
expeditious manner, to include the issuance of funding opportunity
announcements and awards of funds.
Five-Year Plan.-The Department is directed to submit to the
Committees on Appropriations of both Houses of Congress not later
than September 30, 2018 a report on the plan to comply with 42
U.S.C. 7279a.
Grid Modernization.-The Department is directed to continue
to support ongoing work between the national laboratories, industry,
and universities to improve grid reliability and resiliency. The
Department is also directed to continue implementation of the Grid
Modernization Multi-Year Program Plan. The National Academies of Sciences, Engineering, and Medicine
is directed to conduct an evaluation of the expected medium- and
long-term evolution of the grid. This evaluation shall focus on
developments that include the emergence of new technologies,
planning and operating techniques, grid architecture, and
business models.
######
******************************************************************************************************************************************************************
HRpt 115-230 - To accompany H.R.
3266 – [M]aking appropriations for energy and water development for
the fiscal year ending September 30, 2018, and for other purposes.
(7/17/17)
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DEFENSE NUCLEAR NONPROLIFERATION
######
Defense Nuclear Nonproliferation Research and Development (DNN
R&D).—The Committee recommends $523,595,000. As in fiscal year 2017, the recommendation includes funds for
LEU fuels development for U.S. high performance research
reactors within DNN R&D to better align research and
development-related activities with the resident expertise for
managing a long term development program within the Office of
Defense Nuclear Nonproliferation, and to respond to concerns
detailed in a National Academies study regarding the complexity
of technical issues that must be overcome to convert those
reactors over the next 15 years. The amount for LEU fuels development also includes funding to
develop LEU fuel for the TREAT reactor.
######
******************************************************************************************************************************************************************
SRpt 115-132 - To accompany S.
1609 – [M]aking appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2018, and
for other purposes, reports favorably thereon and recommends that
the bill do pass.
(7/20/17)
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######
TITLE III
DEPARTMENT OF ENERGY
OVERVIEW OF RECOMMENDATION
######
CROSSCUTTING INITIATIVES
######
Grid Modernization.—The Department is directed to continue
to support ongoing work between the national laboratories, industry,
and universities to improve grid reliability and resiliency. Given
that much of the Nation’s grid is privately owned, there are
significant challenges to modernizing the grid, which make it
difficult to develop, test, and deploy new technologies. To address
these challenges, Congress has provided funding for the Grid
Modernization Initiative [GMI] over the past 2 fiscal years. The
budget request does not address the GMI comprehensively even though
in January 2016, the Department announced up to $220,000,000 for the
GMI over 3 years, subject to appropriations from Congress. Within
the GMI, the Committee supports the Grid Modernization Laboratory
Consortium’s [GMLC] leadership of a comprehensive, multidisciplinary
research and development program managed through a consortium of the
national laboratories, leveraging national laboratory assets and
partnering with non-Federal entities. The Committee is pleased that
the Department has recently undertaken peer review processes to
evaluate the GMLC’s progress. The Committee supports the strategic
goals of the Grid Modernization Multi-Year Program Plan [MYPP],
which reflects a 5-year integrated strategy across the Department to
guide investment and leverage the expertise of our national
laboratories, while working with industry and States. The Committee
directs the Department to continue implementation of the MYPP, as in
previous years.
The Committee recognizes the opportunities and challenges
associated with grid modernization, as well as the gaps in our
current understanding not addressed by existing studies, and
accordingly directs the National Academies of Sciences,
Engineering, and Medicine to conduct an evaluation of the
expected medium- and long-term evolution of the grid. This
evaluation shall focus on developments that include the
emergence of new technologies, planning and operating
techniques, grid architecture, and business models. This study
will provide critical insight into the future of the grid,
particularly with respect to the distribution network and its
interface with the rest of the grid, and will inform decisions
regarding strategic investment of Federal funds and other
policies, including ensuring proper steps are taken to address
cybersecurity.
######
BIOENERGY TECHNOLOGIES
######
The National Academies of Sciences, Engineering, and Medicine
has recognized that bioenergy with carbon capture sequestration
[BECCS] has technical potential to provide a significant portion
of the world’s energy supply by the end of the century. If commercialized further, BECCS could be a baseload electricity
resource with a net-negative carbon emission profile. The Committee
encourages the Bioenergy Technologies Office to continue its
collaboration with the Office of Fossil Energy on BECCS research, as
well as research to advance net carbon-negative transportation
fuels.
######
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
######
The Committee recommends $330,000,000 for the Advanced Research
Projects Agency—Energy [ARPA-E], an increase of $356,367,000 above
the budget request. Within available funds, the Committee recommends
$29,250,000 for program direction.
ARPA-E was established by the America COMPETES Act of 2007
following a recommendation by the National Academies of
Sciences, Engineering, and Medicine in the “Rising Above the
Gathering Storm” report. Since receiving its first funding in fiscal year 2009, ARPA-E
continues to catalyze and support the development of
transformational, high-impact energy technologies to ensure the
Nation’s economic and energy security and technological leadership.
Project sponsors continue to form strategic partnerships and new
companies, as well as secure private sector funding to help move
ARPA-E technologies closer to the market.
The budget request proposes to terminate ARPA-E and use funds
appropriated in fiscal year 2017 for oversight and management. The
Committee definitively rejects this short-sighted proposal, and
instead increases investment in this transformational program and
directs the Department to continue to spend funds provided on
research and development and program direction. The Department shall
not use any appropriated funds to plan or execute the termination of
ARPA-E. In addition, the Committee remains concerned about the
timeliness of the current review process, and directs the Department
to continue to move forward on approving Funding Opportunity
Announcements.
######
DIVISION E - FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2018
The joint explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise noted, the language set forth in House Report 115-234 carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in this joint explanatory
statement. While some language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly provided
herein.
######
ADMINISTRATIVE PROVISION - CONSUMER PRODUCT SAFETY
COMMISSION
Sec. 501. The agreement prohibits the use of Federal funds in fiscal year
2018 for the adoption or implementation of the proposed rule on
Recreational Off-highway Vehicles (ROVs) until a study by the
National Academy of Sciences is completed.
######
******************************************************************************************************************************************************************
HRpt 115-234 - To accompany H.R.
3280 – [M]aking appropriations for financial services and general
government for the fiscal year ending September 30, 2018.
(7/17/17)
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ADMINISTRATIVE PROVISIONS-CONSUMER PRODUCT SAFETY
COMMISSION
Section 501. The Committee continues language prohibiting funds
to finalize, implement, or enforce the proposed rule on
recreational off-highway vehicles until a study is completed by
the National Academy of Sciences.
######
TITLE V—INDEPENDENT AGENCIES
######
The bill includes the following administrative provisions under the
Consumer Product Safety Commission:
Section 501. Language is included prohibiting funds to
finalize, implement, or enforce the proposed rule on
recreational off-highway vehicles until a study is completed by
the National Academy of Sciences.
######
DIVISION F - DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2018
The following is an explanation of Division F, which makes
appropriations for the Department of Homeland Security (DHS) for
fiscal year 2018. Funding provided in this Act not only sustains
existing programs that protect the nation from all manner of
threats, it ensures DHS's ability to improve preparedness at the
federal, state, and local levels, to prevent and respond to
terrorist attacks, and to hire, train, and equip DHS frontline
forces protecting the
homeland.
The language set forth in House Report 115-239 carries the same weight as language included in this joint
explanatory statement and should be complied with unless
specifically addressed to the contrary in the bill or in this
joint explanatory statement. While the statement repeats some language for emphasis, it does
not negate any language in the House report unless expressly stated.
When this explanatory statement refers to the Committees or the
Committees on Appropriations, these references are to the House
Appropriations Subcommittee on Homeland Security and the Senate
Appropriations Subcommittee on Homeland Security.
######
******************************************************************************************************************************************************************
HRpt 115-239 - To accompany H.R.
3355 – [M]aking appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2018.
(7/21/17)
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######
TITLE V—GENERAL PROVISIONS
######
COAST GUARD ICEBREAKERS
An amendment offered during Committee consideration of the bill
would have redirected $2,300,000,000 from border infrastructure and
ICE immigration enforcement to the Coast Guard’s polar icebreaker
acquisition program. The proposed new border infrastructure has not
been justified and the bill’s recommended increases for ICE hiring
and detention beds do not have a security focus. In contrast, the
need for heavy icebreakers is very well documented and focused on
national security. A draft report from the National Academy of Sciences (NAS)
released just last week, warned that,
“The United States has insufficient assets to protect its
interests, implement U.S. policy, execute its laws, and meet its
obligations in the Arctic and Antarctic because it lacks
adequate icebreaking capability.”
This is because the Coast Guard currently has only one functioning
heavy icebreaker, the Polar Star, which was built in 1976 and is
well past its 30-year expected operational life. It is no longer
reliable, and the cost to maintain it will continue to rise. At this
point, its primary mission is to clear a path through the ice to our
research facilities in Antarctica, which means that the only
icebreaking asset we have in the Arctic is the Healy, the Coast
Guard’s only medium class icebreaker. The Polar Star is expected to
continue functioning for just three to seven years—leaving the
United States with no heavy icebreaking capability.
Given that Russia has 41 icebreakers focused on the Arctic that are
active or under construction, four of which are heavy icebreakers,
we are falling farther and farther behind. This puts the United
States at a tremendous disadvantage since we are unable to operate
in parts of the Arctic Ocean for months at a time. The National Academy report goes on to recommend that,
“The United States Congress should fund the construction of
four polar icebreakers of common design that would be owned and
operated by the United States Coast Guard.”
The fiscal year 2017 Defense funding bill included $150,000,000 as a
down payment on what is expected to be nearly a $1,000,000,000 price
tag for the first ship. However the National Defense Authorization
Act for fiscal year 2018 the House recently passed includes a
provision prohibiting the Pentagon from using any fiscal year 2018
funds to acquire an icebreaker for the Coast Guard; an amendment to
strike that provision failed on a recorded vote.
The solution is to fund the remaining cost of acquiring heavy
icebreakers directly through the Coast Guard budget. While the Coast
Guard plans to sign an acquisition contract in fiscal year 2019, it
will release a Request for Proposals in fiscal year 2018. Having the
funds in hand during the solicitation process would help the Coast
Guard get a better deal on the cost of the needed icebreakers.
Combined with the $150,000,000 appropriated in fiscal year 2017,
this amendment would have made available a total of $2,450,000,000,
approximately enough to cover the cost of three heavy icebreakers.
According to the NAS report, acquiring three ships at one time would
likely save the government nearly $160 million per vessel. With this
one amendment, the Committee could have put the United States on a
path to securing our sovereign interests in the Arctic region.
Instead, the amendment was defeated on a party-line vote.
######
DIVISION G- DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2018
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
2018. The joint explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise
noted, the language set forth in House Report 115-238 carries
the same weight as language included in this joint explanatory
statement and should be complied with unless specifically
addressed to the contrary in this joint explanatory
statement. While some language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly provided
herein.
######
TITLE II - ENVIRONMENTAL PROTECTION AGENCY
######
SCIENCE AND TECHNOLOGY
(INCLUDING RESCISSION OF FUNDS)
######
Integrated Risk Information System.-The agreement
continues to provide funding for the Integrated Risk Information
System (IRIS) program at the fiscal year 2017 enacted level and
direction that the program continues within the Office of Research
and Development. The committees remain concerned that the program
has appeared on the Government Accountability Office's (GAO) High
Risk List since 2008. The Committees are aware of progress made by the Agency to
implement the 2011 National Academy of Sciences’ (NAS) Chapter 7
and 2014 NAS report recommendations for the IRIS program, but
remain concerned that the recommendations have not been fully
implemented. The Committees note that the Agency and the NAS
held a workshop in February 2018 to review advances made to the
IRIS process, and that an NAS report on IRIS' progress is
forthcoming. The Committees are encouraged that the program indicated its
willingness to more closely align the development of risk
assessments with stated regulatory priorities of the Agency, and
believes that these efforts will make the assessments more relevant.
The Committees understand that the program intends to continue the
development of new methodologies and technologies to enhance the
development of future IRIS assessments and encourages the program to
do so, while also encouraging the program to ensure that all IRIS
methodologies attain the highest scientific rigor. Finally, the
Committees urge the expedited completion of the IRIS handbook and
direct that the public be afforded an opportunity to provide comment
on the handbook before it is placed in use.
######
******************************************************************************************************************************************************************
HRpt 115-238 - To accompany H.R.
3354 – [M]aking appropriations for the Department of the Interior,
the Environmental A25JY0.Protection Agency, and Related Agencies for
the fiscal year ending September 30, 2018. 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.
(7/21/17)
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######
TITLE II—ENVIRONMENTAL PROTECTION AGENCY
######
SCIENCE AND TECHNOLOGY
######
Alternatives Testing.—The Committee commends EPA for developing new scientific
methods, removing barriers, and fostering cooperation in
implementing the toxicity testing agenda included in the 2007
National Academy of Sciences (NAS) report, “Toxicity Testing in
the 21st Century.” The Committee is also aware that the Agency is incorporating an
alternative scientific approach to screen chemicals within its
Endocrine Disruptor Screening Program as called for in fiscal year
2015 (House Report 113-551). The Committee is interested in how the
Agency is implementing the same approach in all of its programs that
involve toxicity testing and recommends that the Agency submit to
the Committee a report that outlines (1) progress to date to
research, develop, validate and translate innovative non-animal
chemical testing methods that characterize toxicity pathways, (2)
efforts to coordinate this across Federal agencies, and (3) future plans to continue to implement the toxicity
testing vision outlined in the January 2017 NAS report, “Using
21st Century Science to Improve Risk-Related Evaluations” on all
Agency programs that involve toxicity testing.
######
DIVISION H-DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
In implementing this agreement, the Departments and agencies
should be guided by the language and instructions set forth
in House Report 115-244 and Senate Report 115-150. In either such report, any reference to the fiscal year 2019 budget
request or congressional justification shall be applied to the
fiscal year 2020 Justification of Estimates for the Committees on
Appropriations.
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. In providing the operating plan required by section 516 of this
Act, the Departments and agencies funded in this Act are directed to
include all programs, projects, and activities, including those in
House Report 115-244, Senate Report 115-150, and this explanatory
statement. All such programs, projects, and activities are subject
to the provisions of this Act.
######
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
######
NATIONAL INSTITUTES OF HEALTH
######
EUNICE KENNEDY SHRNER NATIONAL INSTITUTE OF CHILD HEALTH AND
HUMAN DEVELOPMENT (NICHD)
Birth Settings Study.-The agreement notes that rates of
home and birth center births continue to rise and there is ongoing
need for further study on issues related to the choice of birth
setting. Therefore, NICHD is directed to enter into an agreement with the National
Academy of Sciences to provide an evidence-based analysis of the
complex findings in the research on birth settings, including
but not limited to: definitions and assessment of risk factors;
access to and choice in birth settings; social determinants that
influence risk and outcomes in varying birth settings; financing
models for childbirth across settings; and the licensing,
training, and accreditation issues impacting professionals
providing maternity care across all settings.
######
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
(SAMHSA)
######
National Academy of Sciences (NAS) Review.-Within the
total for administration, technical assistance, and evaluation,
provided to SAMHSA for the State Opioid Response Grants, the
agreement includes $2,000,000 to charter a NAS review within 90
days of enactment of this Act. The NAS review will identify
outcomes that are to be achieved by activities authorized in the
Comprehensive Addiction and Recovery Act (P.L. 114-198) and the metrics by which the achievement of such outcomes
shall be determined, as required by section 701 of such Act. The
NAS study should report on the effectiveness of the programs in
achieving their respective goals for preventing, treating, and
supporting recovery from substance use disorders. The NAS study
will result in the public availability of program level data and
recommendations to Congress concerning the appropriate
allocation of resources to such programs to ensure
cost-effectiveness in the Federal government's response to the
opioid addiction epidemic. It is expected that an interim report
will be completed within three years after enactment of this
Act, and a final report will be completed within five years
after enactment of this Act.
######
TITLE IV
RELATED AGENCIES
######
SOCIAL SECURITY ADMINISTRATION (SSA)
LIMITATION ON ADMINISTRATIVE EXPENSES
######
Capability Determination Process Improvements.-The
agreement notes the importance of SSA accurately evaluating an
individual's ability to manage---or direct the management of-his or
her Social Security benefits. However, a 2016 study by the National Academies of Sciences,
Engineering, and Medicine, entitled Informing Social Security's
Process for Financial Capability Determination, raised concerns
about SSA's capability determination process, and a 2015
internal SSA report found that most capability determination
decisions are not adequately developed or documented. The agreement is encouraged by the steps SSA is taking to improve
its capability determination process and requests a report not later
than 60 days after the enactment of this Act on SSA's plans to
evaluate the effects of these changes.
######
******************************************************************************************************************************************************************
HRpt 115-244 - To accompany H.R.
3358 – [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,
2018, and for other purposes.
(7/24/17)
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######
TITLE II—DEPARTMENT OF HEALTH AND HUMAN SERVICES
######
HEALTH WORKFORCE
######
Nursing Workforce Development
The Committee recognizes the need for a highly educated nursing
workforce to reflect the diversity of the populations it serves. The
recruitment of culturally and economically diverse individuals
positively impacts the classroom and professional practice
environments. Exposure to other viewpoints and perspectives serves
to advance collaboration that will translate into improved care
delivery. The Title VIII Nursing Workforce Development Programs
directly bolster this effort by supporting students from diverse and
underrepresented backgrounds in the nursing profession through
recruitment and retention efforts. For example, in Academic Year
2014-2015, the Title VIII Nursing Workforce Diversity (NWD) Grants
program supported 13,225 students and aspiring students, partnering
with over 900 clinical training sites. Of these sites, 42 percent
were located in medically-underserved areas. Title VIII programs
like NWD offer a two-fold benefit: not only are the direct
recipients provided financial assistance, but they also connect
these clinicians with communities that vary in socioeconomic,
racial/ethnic, and geographic backgrounds some that experience
higher rates of health disparities. The Committee requests HRSA
include in the fiscal year 2019 Congressional Justification
information on the impact of Title VIII programs on workforce
diversity.
The Committee is aware of provider shortages and recognizes that
training postgraduate Nurse Practitioners in Federally Qualified
Health Centers could address aspects of the primary care provider
shortage. The Committee supports efforts to train Nurse Practitioners on
a model of care consistent with both Institute of Medicine
principles and the needs of vulnerable populations. The Committee believes a focus of the program should be training
in the integration of primary care and behavioral health, since
mental health issues and opioid and other illegal drug addiction
remain healthcare priorities.
######
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
######
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.
######
******************************************************************************************************************************************************************
SRpt 115-150 - To accompany S.
1771 – [M]aking appropriations for Departments of Labor, Health and
Human Services, and Education, and related agencies for the fiscal
year ending September 30, 2018, and for other purposes, reports
favorably thereon without amendment and recommends that the bill do
pass.
(9/7/17)
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######
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
######
NATIONAL INSTITUTES OF HEALTH
######
NATIONAL CANCER INSTITUTE
######
Psycho-Social Distress Complications.—According to the Institute of Medicine, nearly 50 percent of
all cancer patients experience distress. Further, studies suggest that distress in cancer patients leads to
higher healthcare costs, less compliance with treatment pathways,
and poorer health outcomes. While significant advancements have been
made in biomedical treatments in cancer care, the Committee is
concerned that the unaddressed psycho-social needs of patients are
adversely impacting the effectiveness and cost of care, as well as
the individuals’ overall well-being. The Committee encourages NCI to
continue to implement distress screenings in the NIH Clinical Center
and in NCI-funded clinical trials as appropriate, coordinate and
share information on this effort with the FDA, and provide an update
on such activities in the fiscal year 2019 CJ.
######
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES
######
Clinical and Translational Science Awards [CTSA] Program.—The Committee includes $533,076,000, an increase of $16,956,000,
for the CTSA Program. The Committee is deeply concerned about NCATS’
management of the CTSA program. The Committee has provided robust
support for the CTSA program over the past several years and NCATS
appears to be both ignoring congressional intent regarding the
number of CTSA hubs as well as attempting to erode financial support
for the hubs. Specifically, the Committee rejects the recent move to
reduce some CTSA awards from a 5 year grant cycle to 4 years. Prior
notification or justification of this significant change was not
provided to the Committee, the CTSA community, or in any written
document. The Committee expects NCATS to rectify this change
immediately and directs all awards made in fiscal year 2017 and
moving forward to be for 5 years. In addition, the Committee
strongly supports efforts by NIH to train the next generation of
biomedical researchers by supporting key training programs like the
“K” and “T” awards. As stated in the National Academies of Sciences, Engineering,
Medicine report in 2013, the CTSA program should build on these
and other innovative training and education programs that are
helping to bridge the gap between the basic and clinical
sciences. Further, the Committee is concerned NCATS is considering changing
CTSA’s configuration and funding structure without adequate
congressional notification or stakeholder input. Therefore, the
Committee directs NCATS to maintain the existing support structure,
including maintaining the number of CTSA hub awards at no less than
the fiscal year 2016 level, and to continue funding CTSA hub awards
for 5 years. NCATS is directed to provide an update to the Committee
no later than 120 days after enactment of this act on any proposed
changes to the program and prior to any changes being implemented.
In addition, the Committee expects the Director to provide quarterly
updates to the principal investigators of CTSA hubs and the
Committee, jointly, beginning within 30 days of enactment of this
act. Finally, the Committee shall be provided written notification
at least 3 days in advance of any public release of CTSA grant
awards.
######
OFFICE OF THE DIRECTOR
######
Next Generation Researchers Initiative.—The Committee
supports robust implementation of the Next Generation Researchers
Initiative within the Office, as established in the 21st Century
Cures Act, and is encouraged by NIH’s continued work in this space.
The Committee directs NIH to prioritize improving opportunities for
our next generation of researchers by working through the Initiative
to coordinate all current and new NIH policies to promote
opportunities for new scientists and earlier research independence,
including enhancing training and mentorship programs for
researchers, and enhancing workforce diversity.
As required by the 21st Century Cures Act, the Committee
directs NIH to consider the recommendations made by the National
Academies of Science study under Public Law 114-113 in carrying out the activities of the Initiative.
######
HEALTH COSTS, QUALITY, AND OUTCOMES
######
Diagnostic Quality & Safety.—The Committee is concerned
about the lack of dedicated research into improving how we diagnose
medical conditions, especially given the magnitude of the public
health burden of diagnostic failures that lead to patient harm. According to the 2015 report, “Improving Diagnosis in
Healthcare”, from the National Academy of Sciences, Engineering,
and Medicine [NASEM], diagnostic errors have been a “blind spot”
for health care delivery and improving diagnosis is a pressing
“moral, professional, and public health imperative.” The
Committee requests that AHRQ convene a cross-agency working
group that will propose a strategy to enhance scientific
research to improve diagnosis in healthcare, as outlined in the
2015 NASEM report. This should include a review of current research, as well as
consideration of opportunities for public-private partnerships and
the development of centers of excellence to propel research forward
to improve diagnostic quality and safety while reducing healthcare
costs. The Committee requests this information be provided in the
fiscal year 2019 CJ.
######
OFFICE OF THE SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
######
Eye Health.—The Committee commends the National Academies of Sciences,
Engineering, and Medicine for the September 2016 release of its
report “Making Eye Health a Population Health Imperative: Vision
for Tomorrow” which includes recommendations regarding continued
leadership by HHS to reduce the burden of vision impairment. The
Committee requests an update from the Secretary regarding HHS’
progress in implementing these recommendations in the fiscal
year 2019 CJ.
######
SUPPLEMENTAL SECURITY INCOME PROGRAM
######
Medical Vocational Guidelines.—The Committee is dedicated
to ensuring that the disabled have access to needed benefits, and
strongly encourages SSA to work with us to achieve that goal. The
Committee continues to be concerned that SSA uses outdated rules to
determine whether or not a claimant meets SSA’s definition of
disability. The Committee is encouraged by SSA’s indication that they are
beginning the regulatory process, having already received input
from the National Disability Forum, the National Institute of
Medicine, as well as various aging and employment experts. These initial steps are well received, as Congress continues to
work with the Administration to modernize the outdated vocational
guidelines into a structure that reflects the 21st century labor
market. However, SSA officials have indicated to GAO that the
complete update of the occupational grid is not expected to be
completed until 2024, and at a cost of $178,000,000. As this is the
first significant overhaul of the grid in nearly 40 years, the
Committee requests SSA to submit, no later than 60 days after the
enactment of this act, a report on its ongoing efforts to update the
grid, including the latest status of the Occupational Information
System joint project with the Department of Labor. In addition, the
report shall include a study assessing the feasibility of
maintaining a continuous update of the medical vocational guidelines
every 10 years. In conjunction with the agency’s release of
findings, the Committee directs SSA, in coordination with the U.S.
Bureau of Labor Statistics, to brief the Committee on the status and
progress of the ongoing update to the Medical Vocational Guidelines
no later than 90 days after the enactment of this act.
######
DIVISION J --MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2018
The following is an explanation of the effects of Division J, which
makes appropriations for Military Construction, Veterans Affairs,
and Related Agencies for fiscal year 2018. Unless otherwise noted, reference to the House and Senate
reports are to House Report 115-188 and Senate Report 115-130. The language set forth in House Report 115-188 and Senate Report 115-130 should be complied with and carry the same emphasis as the
language included in the joint explanatory statement, unless
specifically addressed to the contrary in this joint explanatory
statement. While repeating some report language for emphasis, this joint
explanatory statement does not intend to negate the language
referred to above unless expressly provided herein. In cases in
which the House or the Senate has directed the submission of a
report, such report is to be submitted to both Houses of Congress.
House or Senate reporting requirements with deadlines prior to, or
within 15 days after enactment of this Act shall be submitted no
later than 60 days after enactment of this Act. All other reporting
deadlines not specifically directed by this joint explanatory
statement are to be met.
######
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
######
GENERAL OPERATING EXPENSES, VETERANS BENEFITS
ADMINISTRATION
######
Compensation claims for Camp Lejeune contaminated water
veterans.-There is concern regarding the lack of consistency in the
Department's handling of disability compensation claims for
veterans, former reservists, and former National Guard members who
served at Marine Corps Base Camp Lejeune for no less than 30 days
(consecutive or nonconsecutive) between August 1, 1953 and December
31, 1987. VA established a presumption of service connection for
eight diseases associated with exposure to contaminants in the water
supply at Camp Lejeune during that period. The Department made the
decision to subject nonpresumptive Camp Lejeune Contaminated Water
(CLCW) exposure claims to a higher level of scrutiny than is applied
to other exposure claims and did so without providing notice or an
opportunity for public comment. In addition, no other toxic exposure
claims require a positive medical opinion to warrant service
connection. The evidentiary burden VA requires for CLCW
nonpresumptive exposure claims is significantly greater than the
standard used for Agent Orange or any other exposure claims. Furthermore, there currently exists a wealth of "competent
medical evidence" specific to diseases related to exposure to
contaminated water at Camp Lejeune, as published by the Agency
for Toxic Substances and Disease Registry (ATSDR), the Institute
of Medicine (IoM), and other government-sanctioned medical
experts. Nevertheless, the Department's same Clinical Subject
Matter Experts (SMEs), who provide medical opinions, have
routinely rejected ATSDR and IoM's findings without providing
any justification or explanation for doing so.
######
VETERANS HEALTH ADMINISTRATION
######
MEDICAL SERVICES
######
Overmedication. -- As indicated in the Senate report, and in addition to the
funding levels highlighted for opioid abuse above, the agreement
provides $500,000 for the National Academies of Sciences,
Engineering, and Medicine to conduct an assessment of the
potential overmedication of veterans during fiscal years 2010 to
2017 that led to suicides, deaths, mental disorders, and
combat-related traumas.
######
Burn pits. -The agreement provides $5,000,000 for the purpose of
implementing the recommendations included in National Academies
of Sciences, Engineering, and Medicine's assessment to improve
the VA open burn pit registry.
######
******************************************************************************************************************************************************************
SRpt 115-130 - To accompany S.
1557 – [M]aking appropriations for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2018, and for other purposes, reports
favorably thereon and recommends that the bill do pass.
(7/13/17)
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######
VETERANS HEALTH ADMINISTRATION
######
MEDICAL SERVICES
######
ITEMS OF INTEREST
######
Improving Federal Burn Pits Registry.—The Committee provides an additional $5,000,000 for the purpose
of implementing the recommendations included in the National
Academies of Sciences, Engineering, and Medicine’s Assessment of
the Department of Veterans Affairs Airborne Hazards and Open
Burn Pit Registry for improving the registry. The Department is directed to submit a report to the Committees on
Appropriations of both Houses of Congress no later than 90 days
after enactment of this act assessing the cost and timeline of
implementation of each of the report’s recommendations.
######
COMMITTEE RECOMMENDATION
######
Exposure to Agent Orange by Certain Navy Veterans.—Under
the Agent Orange Act of 1991 (Public Law 102-4), most veterans of
deployments to Vietnam between 1962 and 1975 became entitled to
compensation for certain illnesses linked to exposure to Agent
Orange defoliant, including the “Blue Water” Navy veterans who
served in the Navy outside of the riverine and coastal areas.
However, beginning in 2002, new Department interpretation of the law
prevented Blue Water Navy veterans from collecting benefits unless
they could prove to have been on a ship proven to have entered
inland water or sailors who proved they had been ashore. In 2016,
the Department reiterated its policy and added further restrictions
by removing certain harbors that used to carry a presumption of
exposure, while outside the VA a growing body of research supports
the assumption of presumption of exposure. In a fact sheet published about the decision, VA noted only a
2011 Institute of Medicine study on Agent Orange exposure among
Blue Water Navy veterans, which found that exposure at sea could
not be proven, assuming ships followed certain best practices
that veterans anecdotally report were regularly ignored. The Department is directed to submit a report to the Committees on
Appropriations of both Houses of Congress no later than 90 days
after enactment of this act evaluating each of the U.S. and non-U.S.
studies on Agent Orange exposure since 1980 that are relevant to the
question of Blue Water Navy sailors to justify the 2016 decision.
Cancer Moonshot Contribution.—The Committee supports the
Beau Biden Cancer Moonshot initiative and the Department’s
contribution utilizing advances in genomic science to provide
targeted treatment to veterans. The Department has identified
prostate cancer, triple-negative breast cancer, and colorectal
cancer as areas of priority. Due to the prevalence of various skin
cancers among service members, the Committee directs that skin
cancer be included as well.
Overprescription Prevention Report.—The Committee is
discouraged by multiple GAO reports retaining VHA on the “high-risk”
list and the unfathomable increase in polydrug use and narcotics
prescriptions by VA related to pain management and mental health
treatment. Specifically, combinations of opioid and Benzodiazepines
have proven fatal when taken concurrently, with research
demonstrating this phenomenon for nearly 40 years. The Committee provides $500,000 to enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine to
conduct an assessment to research, collect, and analyze the
potential overmedication of veterans during fiscal years
2010-2017 that led to veterans deaths, veterans suicides,
treatment of mental disorders, pain management practices, mental
health staffing levels, and combat related trauma.
Gulf War Illness Studies.—The Committee recommends the
Department continue to conduct epidemiological studies regarding the
prevalence of Gulf War illness, morbidity, and mortality in Persian
Gulf War veterans and the development of effective treatments,
preventions, and cures. The Committee is concerned by the lack of
public availability of the findings of all research conducted by or
for the Executive Branch relating to the health consequences of
military service in the Persian Gulf theater of operations during
the Persian Gulf War and by the lack of coordination by the
Department in ensuring the public availability of this information.
The Committee urges the Department to publish disease-specific
mortality data related specifically to Persian Gulf War
veterans. The Committee remains concerned by VA’s ever-evolving
terminology for the signature adverse health outcome of the
Persian Gulf War as recognized by the Institute of Medicine
[IOM]—Gulf War illness—and encourages the Department to utilize
the term, “Gulf War illness,” as IOM has recommended. The
Committee continues to urge the Secretary to consider revising
and updating the Clinical Practice Guideline for Chronic
Multisymptom Illness [CMI] consistent with the July 2011
Veterans Health Initiative, “Caring for Gulf War Veterans,” in
that it, “cannot be reliably ascribed to any known psychiatric
disorder,” and to focus on recent Gulf War illness treatment
research findings and ongoing Gulf War illness treatment
research direction. Furthermore, the Committee once again
encourages VA to strengthen the training of primary, specialty,
and mental healthcare providers on the Gulf War illness case
definitions recommended by IOM.
######
DIVISION L- TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2018
CONGRESSIONAL DIRECTIVES
Unless otherwise noted, the language and allocations set forth
in the House report (House Report 115-237) and
the Senate report (Senate Report 115-138) carry
the same weight as the 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 2018 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, initiative, or
authority. Any reprogramming requests must be submitted to the
Committees on Appropriations no later than June 30, 2018.
######
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HRpt 115-237 - To accompany S. 3353 – [M]aking appropriations for
the Departments of Transportation, and Housing and Urban
Development, and related agencies for the fiscal year ending
September 30, 2018.
(7/21/17)
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AVIATION SAFETY
######
Safety critical staffing.—In September, 2006, the National Academies of Sciences (NAS)
released a congressionally-mandated study (Section 506(c) of
P.L. 108-176) on the staffing standards required for aviation
safety inspectors. Given the increased integration of unmanned aerial vehicles (UAVs)
into the national airspace, the FAA safety inspector workforce must
be sufficient to manage core safety inspection responsibilities
along with emerging inspection challenges related to UAVs and other
technologies. Efforts to update the current safety critical staffing
model are important, however, the Committee is interested in
learning how well the FAA adhered to the staffing standard that was
developed in 2006. The Committee directs the GAO to conduct a review of the FAA’s
implementation of and compliance with the NAS staffing standard
for aviation safety inspectors. The study should identify
revisions that were made to the 2006 staffing standard and
examine the FAA’s rationale for making any changes. The Committee directs the GAO to provide a report to the House and
Senate Committees on Appropriations within 180 days of enactment of
this Act.
######
******************************************************************************************************************************************************************
HRpt 115-138 - To accompany S.
1655 – [M]aking appropriations for the Departments of
Transportation, and Housing and Urban Development, and related
agencies for the fiscal year ending September 30, 2018, and for
other purposes, reports favorably thereon and recommends that the
bill do pass.
(7/27/17)
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FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
######
COMMITTEE RECOMMENDATION
######
Research.—FHWA’s April 2016 “Truck Size and Weight Limits
Study” revealed data limitations that hampered efforts to
conclusively study the effect of changing the size and weight of
various truck configurations. While there are inadequate performance data from the
operational use of these vehicles in a number of States, the
Committee is aware of ongoing efforts between the Department,
the NAS, and the Transportation Research Board to develop a
Comprehensive Truck Size and Weight Research Plan. The Committee is also aware of an ongoing study to synthesize and
compare past work, empirical models, and current legal operation of
twin 33-foot trailers, LCVs, and other configurations. Should the
Department find that there is a lack of available data, the
Committee directs the Department to work with the State departments
of transportation to establish best practices for data collection
relating to truck configurations. The Department is directed to
incorporate those practices and begin accumulating such data to
supplement the ongoing Research Plan. The Committee directs the
Secretary to finalize the Research Plan within one calendar year of
the enactment of this act, and to submit a report on the results of
this effort to the House and Senate Committees on Appropriations
within 30 days of completion. The Committee further directs the
Secretary to submit a report on the status of this effort to the
House and Senate Committees on Appropriations no later than 180 days
after the enactment of this act.
######