######
SEC. 796.
Not later than 1 year after the date of enactment of this Act, the
National Academy of Sciences, Engineering, and Medicine shall
complete a review and provide a report to the Secretary of
Agriculture, the Secretary of Health and Human Services, and the
Congress, on the most recent edition of the dietary guidelines for
Americans that includes the following:
(1) A comparative analysis of the scientific methodologies, review
protocols, and evaluation processes used to develop the most
recently issued guide lines as compared to recommendations included
in the National Academy of Sciences, Engineering, and Medicine
September 2017 report entitled
‘‘Redesigning the Process for
Establishing the Dietary Guidelines for Americans’’.
(2) A comparative analysis of the scientific studies used to
develop such guidelines to determine the dietary needs of Americans
with diet-related metabolic diseases as compared to the most current
and rigorous scientific studies on diet and diet-related metabolic
diseases available.
(3) An analysis of how full implementation of the recommendations
described in paragraph (1) would have affected the most recently
issued guidelines
######
ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY COMMISSION
SEC. 501. During fiscal year 2021, 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.
######
SEC. 119. NATIONAL ACADEMY OF SCIENCES STUDY ON AUTOMATIC AND
REMOTE-CONTROLLED SHUT-OFF VALVES ON EXISTING PIPELINES.
(a) STUDY.—The Secretary shall enter into an arrangement with the
National Academy of Sciences under which the National Academy of
Sciences shall conduct a study of potential methodologies or
standards for the installation of automatic or remote-controlled
shut-off valves on an existing pipeline in—
(1) a high consequence area (as defined in section 192.903 of title
49, Code of Federal Regulations (or a successor regulation)) for a
gas transmission pipeline facility; or
(2) for a hazardous liquid pipeline facility—
(A) a commercially navigable waterway (as defined in section
195.450 of that title (or a successor regulation)); or
(B) an unusually sensitive area (as defined in section 195.6 of
that title (or a successor regulation)).
(b) FACTORS FOR CONSIDERATION.—In conducting the study under
subsection (a), the National Academy of Sciences shall take into
consideration, as applicable—
(1) methodologies that conform to the recommendations submitted by
the National Transportation Safety Board to the Pipeline and
Hazardous Materials Safety Administration and Congress regarding
automatic and remote-controlled shut-off valves;
(2) to the extent practicable, compatibility with existing
regulations of the Administration, including any regulations
promulgated pursuant to docket number PHMSA–2013–0255, relating to
the installation of automatic and remote-controlled shutoff
valves;
(3) methodologies that maximize safety and environmental benefits;
and
(4) the economic, technical, and operational feasibility of
installing automatic or remote-controlled shut-off valves on
existing pipelines by employing such methodologies or
standards.
(c) REPORT.—Not later than 2 years after the date of enactment of
this Act, the National Academy of Sciences shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report describing the
results of the study under subsection (a).
######
“SEC. 969. CARBON UTILIZATION PROGRAM.
“(a) In General.—The Secretary, in consultation with the Administrator
of the Environmental Protection Agency, shall carry out a program of
research, development, demonstration, and commercialization relating to
carbon utilization.
“(b) Activities.—Under the program described in subsection (a), the
Secretary shall—
“(1) assess and monitor—
“(A) potential changes in lifecycle carbon dioxide and other greenhouse
gas emissions; and
“(B) other environmental safety indicators of new technologies,
practices, processes, or methods used in enhanced hydrocarbon recovery
as part of the activities authorized under section 963;
“(2) identify and evaluate novel uses for carbon (including conversion
of carbon oxides) that, on a full lifecycle basis, achieve a permanent
reduction, or avoidance of a net increase, in carbon dioxide in the
atmosphere, for use in commercial and industrial products such as—
“(A) chemicals;
“(B) plastics;
“(C) building materials;
“(D)
fuels;
“(E) cement;
“(F) products of coal utilization in power
systems or in other applications; and
“(G) other products with
demonstrated market value;
“(3) identify and assess carbon capture technologies for industrial
systems; and
“(4) identify and assess alternative uses for coal that result in zero
net emissions of carbon dioxide or other pollutants, including products
derived from carbon engineering, carbon fiber, and coal conversion
methods.
“(c) Prioritization.—In supporting demonstration and commercialization
research under the program described in subsection (a), the Secretary
shall prioritize consideration of projects that—
“(1) have access to a carbon dioxide emissions stream generated by a
stationary source in the United States that is capable of supplying not
less than 250 metric tons per day of carbon dioxide for research;
“(2) have access to equipment for testing small-scale carbon dioxide
utilization technologies, with onsite access to larger test bays for
scale-up; and
“(3) have 1 or more existing partnerships with a National Laboratory, an
institution of higher education, a private company, or a State or other
government entity.
“(d) Coordination.—The Secretary shall coordinate the activities
authorized under this section with the activities authorized in section
969A as part of a single consolidated program of the Department.
“(e) Authorization of Appropriations.—There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000, to
remain available until expended.”.
(2) STUDY.—
(A) IN GENERAL.—The Secretary of Energy, in consultation with the Administrator of
the Environmental Protection Agency, shall seek to enter into an
agreement with the National Academies of Sciences, Engineering, and
Medicine to conduct a study that assesses the barriers and
opportunities relating to the commercial application of carbon
dioxide in the United States.
(B) CONTENTS.—The study under subparagraph (A) shall—
(i) analyze the technical feasibility, related challenges, and
impacts of—
(I) commercializing carbon dioxide; and
(II) as part of that commercialization—
(aa) creating a national system of carbon dioxide pipelines and
geologic sequestration sites;
(bb) mitigating environmental and landowner impacts; and
(cc) regional economic challenges and regional economic
opportunities;
(ii) identify potential markets, industries, or sectors that may
benefit from greater access to commercial carbon dioxide;
(iii) assess the current state of infrastructure and any necessary
updates to that infrastructure to allow for the integration of safe
and reliable carbon dioxide transportation, utilization, and
storage;
(iv)(I) estimate the economic, climate, and environmental impacts
of any well-integrated national carbon dioxide pipeline system;
and
(II) suggest policies that could improve the economic impact of
that system;
(v) assess the global status and progress of existing chemical and
biological carbon utilization technologies that utilize waste carbon
(including carbon dioxide, carbon monoxide, methane, and biogas)
from power generation, biofuels production, and other industrial
processes relevant to minimizing net greenhouse gas emissions;
(vi) identify emerging technologies for and approaches to carbon
utilization that show promise for scale-up, demonstration,
deployment, and commercialization relevant to minimizing net
greenhouse gas emissions;
(vii) analyze the factors associated with making carbon utilization
technologies relevant to minimizing net greenhouse gas emissions
viable at a commercial scale, including carbon waste stream
availability, economics, market capacity, and energy and lifecycle
requirements;
(viii)(I) assess the major technical challenges associated with
increasing the commercial viability of carbon reuse technologies;
and
(II) identify the research and development questions that will
address those challenges;
(ix)(I) assess current research efforts, including engineering and
computational research, that address the challenges described in
clause (viii)(I); and
(II) identify any gaps in the current research portfolio; and
(x) develop a comprehensive research agenda that addresses both
long- and short-term research needs and opportunities for carbon
capture utilization and storage technologies relevant to minimizing
net greenhouse gas emissions.
(3) TECHNICAL AMENDMENT.—The table of contents for the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 600) is amended by inserting after
the item relating to section 968 the following:
######
SEC. 130. TRANSPORT AIRPLANE RISK ASSESSMENT METHODOLOGY.
(a) DEADLINES.—
(1) AGREEMENT.—Not later than 15 days after the date of enactment
of this title, the Administrator shall enter into an agreement with
the National Academies of Sciences to develop a report regarding the
methodology and effectiveness of the Transport Airplane Risk
Assessment Methodology (TARAM)
process used by the FAA.
(2) REPORT.—Not later than 180 days after the date of enactment of
this title, the National Academies of Sciences shall deliver such
report to the congressional committees of jurisdiction.
(b) ELEMENTS.—The report under subsection (a) shall include the
following elements:
(1) An assessment of the TARAM analysis process.
(2) An assessment of the effectiveness of the TARAM for the
purposes of improving aviation safety.
(3) Recommendations to improve the methodology and effectiveness of
the TARAM as an element of aviation safety.
(c) REQUIRED NOTICE.—The Administrator shall provide notice to the
congressional committees of jurisdiction on the findings and
recommendations of a TARAM conducted following a transport airplane
accident—
(1) in which a loss of life occurred; and
(2) for which the Administrator determines that the issuance of an
airworthiness directive will likely be necessary to correct an
unsafe condition associated with the design of the relevant aircraft
type.
######
SEC. 132. EMERGING SAFETY TRENDS IN AVIATION.
(a) GENERAL.—Not later than 180 days after the date of enactment of this title,
the Administrator shall enter into an agreement with the
Transportation Research Board for the purposes of developing an
annual report identifying, categorizing, and analyzing emerging
safety trends in air transportation.
(b) FACTORS.—The emerging safety trends report should be based on
the following data:
(1) The National Transportation Safety Board’s investigation of
accidents under section 24 1132 of title 49, United States
Code.
(2) The Administrator’s investigations of accidents and incidents
under section 40113 of title 49, United States Code.
(3) Information provided by air operators pursuant to safety
management systems.
(4) International investigations of accidents and incidents,
including reports, data, and information from foreign authorities
and ICAO.
(5) Other sources deemed appropriate for establishing emerging
safety trends in the aviation sector,
including the FAA’s annual safety culture assessment required under
subsection (c).
(c) SAFETY CULTURE ASSESSMENT.—The Administrator shall conduct an annual
safety culture assessment through fiscal year 2031, which shall include
surveying all employees in the FAA’s Aviation Safety organization (AVS)
to determine the employees’ collective opinion regarding, and to assess
the health of, AVS’ safety culture and implementation of any voluntary
safety reporting program.
(d) EXISTING REPORTING SYSTEMS.—The Executive Director of the
Transportation Research Board, in consultation with the Secretary of
Transportation and Administrator, may take into account and, as
necessary, harmonize data and sources from existing reporting
systems within the Department of Transportation and FAA.
(e) BIENNIAL REPORT TO CONGRESS.—One year after the Administrator
enters into the agreement with the Transportation Research Board as
set forth in subsection (a), and biennially thereafter through
fiscal year 2031, the Executive Director, in consultation with the
Secretary and Administrator, shall submit to the congressional
committees of jurisdiction a report identifying the emerging safety
trends in air transportation.
######
SEC. 2008. FUSION ENERGY RESEARCH.
######
“(i) Milestone-based Development Program.—
“(1) IN GENERAL.—Using the authority of the Secretary under section
646(g) of the Department of Energy Organization Act (42 U.S.C. 7256(g)),
notwithstanding paragraph (10) of such section, the Secretary shall
establish, not later than 6 months after the date of enactment of this
section, a milestone-based fusion energy development program that
requires projects to meet particular technical milestones before a
participant is awarded funds by the Department.
“(2) PURPOSE.—The purpose of the program established by paragraph (1)
shall be to support the development of a U.S.-based fusion power
industry through the research and development of technologies that will
enable the construction of new full-scale fusion systems capable of
demonstrating significant improvements in the performance of such
systems, as defined by the Secretary, within 10 years of the enactment
of this section.
“(3) ELIGIBILITY.—Any entity is eligible to participate in the program
provided that the Secretary has deemed it as having the necessary
resources and expertise.
“(4) REQUIREMENTS.—In carrying out the milestone-based program under
paragraph (1), the Secretary shall, for each relevant project—
“(A) request proposals from eligible entities, as determined by the
Secretary, that include proposed technical milestones, including
estimated project timelines and total costs;
“(B) set milestones based on a rigorous technical review process;
“(C) award funding of a predetermined amount to projects that
successfully meet proposed milestones under paragraph (1), or for
expenses deemed reimbursable by the Secretary, in accordance with terms
negotiated for an individual award; and
“(D) communicate regularly with selected eligible entities and, if the
Secretary deems appropriate, exercise small amounts of flexibility for
technical milestones as projects mature.
“(5) AWARDS.—For the program established under paragraph (1)—
“(A) an award recipient shall be responsible for all costs until
milestones are achieved, or reimbursable expenses are reviewed and
verified by the Department;
“(B) should an awardee not meet the milestones described in paragraph
(4), the Secretary may end the partnership with an award recipient and
use the remaining funds in the ended agreement for new or existing
projects carried out under this section; and
“(C) consistent with the existing authorities of the Department, the
Secretary may end the partnership with an award recipient for cause
during the performance period.
“(6) APPLICATIONS.—Any project proposal submitted to the program under
paragraph (1) shall be evaluated based upon its scientific, technical,
and business merits through a peer-review process, which shall include
reviewers with appropriate expertise from the private sector, the
investment community, and experts in the science and engineering of
fusion and plasma physics.
“(7) PROJECT MANAGEMENT.—In carrying out projects under this program and
assessing the completion of their milestones in accordance with
paragraph (4), the Secretary shall consult with experts that represent
diverse perspectives and professional experiences, including those from
the private sector, to ensure a complete and thorough review.
“(8) PROGRAMMATIC REVIEW.—Not later than 4 years after the
Secretary has established 3 milestones under this program, the
Secretary shall enter into a contractual arrangement with the
National Academy of Sciences to review and provide a report
describing the findings of this review to the House Committee on
Science, Space, and Technology and the Senate Committee on Energy
and Natural Resources on the program established under this
paragraph (1) that assesses—
“(A) the benefits and drawbacks of a milestone-based fusion program
as compared to traditional program structure funding models at the
Department;
“(B) lessons-learned from program operations; and
“(C) any other matters the Secretary determines regarding the
program.
“(9) ANNUAL REPORT.—As part of the annual budget request submitted for
each fiscal year, the Secretary shall provide the House Committee on
Science, Space, and Technology and the Senate Committee on Energy and
Natural Resources a report describing partnerships supported by the
program established under paragraph (1) during the previous fiscal year.
######
‘‘Sec. 969A. Carbon utilization program.’’.
(b) STUDY.—
(1) IN GENERAL.—The Secretary of Energy (in this section referred
to as the ‘‘Secretary’’) shall enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine under
which the National Academies of Sciences, Engineering, and Medicine
shall conduct a study to assess any barriers and opportunities
relating to commercializing carbon, coal-derived carbon, and carbon
dioxide in the United States.
(2) REQUIREMENTS.—The study under para17 graph (1) shall—
(A) analyze challenges to commercializing carbon dioxide,
including—
(i) expanding carbon dioxide pipeline capacity;
(ii) mitigating environmental impacts;
(iii) access to capital;
(iv) geographic barriers; and
(v) regional economic challenges and opportunities;
(B) identify potential markets, industries, or sectors that may
benefit from greater access to commercial carbon dioxide;
(C) determine the feasibility of, and opportunities for, the
commercialization of coal-derived carbon products, including
for—
(i) commercial purposes;
(ii) industrial purposes;
(iii) defense and military purposes;
(iv) agricultural purposes, including soil amendments and
fertilizers;
(v) medical and pharmaceutical applications;
(vi) construction and building applications;
(vii) energy applications; and
viii) production of critical minerals;
(D) assess—
(i) the state of infrastructure as of the date of the study;
and
(ii) any necessary updates to infra24 structure to allow for the
integration of safe and reliable carbon dioxide transportation, use,
and storage;
(E) describe the economic, climate, and environmental impacts of
any well-integrated national carbon dioxide pipeline system,
including suggestions for policies that could—
(i) improve the economic impact of the system; and
(ii) mitigate impacts of the system;
(F) assess the global status and progress of chemical and
biological carbon utilization technologies in practice as of the
date of the study that utilize anthropogenic carbon, including
carbon dioxide, carbon monoxide, methane, and biogas, from power
generation, biofuels production, and other industrial
processes;
(G) identify emerging technologies and approaches for carbon
utilization that show promise for scale-up, demonstration,
deployment, and commercialization;
(H) analyze the factors associated with making carbon utilization
technologies viable at a commercial scale, including carbon waste
stream availability, economics, market capacity, energy, and
lifecycle requirements;
(I)(i) assess the major technical challenges associated with
increasing the commercial viability of carbon reuse technologies;
and (ii) identify the research and development questions that will
address the challenges described in clause (i);
(J)(i) assess research efforts being carried out as of the date of
the study, including basic, applied, engineering, and computational
research efforts, that are addressing the challenges described in
subparagraph (I)(i); and (ii) identify gaps in the research efforts
under clause (i);
(K) develop a comprehensive research agenda that addresses long-
and short-term research needs and opportunities for technologies
that may be important to minimizing net greenhouse gas emissions
from the use of coal and natural gas; and
(L)(i) identify appropriate Federal agencies with capabilities to
support small business
entities; and (ii) determine what assistance the Federal agencies
identified under clause (i) could provide to small business entities
to further the development and commercial deployment of carbon
dioxide-based products.
(3) DEADLINE.—Not later than 180 days after the date of enactment
of this Act, the National Academies of Sciences, Engineering, and
Medicine shall submit to the Secretary a report describing the
results of the study under paragraph (1)
######
“SEC. 969B. HIGH EFFICIENCY TURBINES.
“(a) In General.—The Secretary, acting through the Assistant Secretary
for Fossil Energy (referred to in this section as the ‘Secretary’),
shall establish a multiyear, multiphase program (referred to in this
section as the ‘program’) of research, development, and technology
demonstration to improve the efficiency of gas turbines used in power
generation systems and aviation.
“(b) Program Elements.—The program shall—
“(1) support first-of-a-kind engineering and detailed gas turbine design
for small-scale and utility-scale electric power generation, including—
“(A) high temperature materials, including superalloys, coatings, and
ceramics;
“(B) improved heat transfer capability;
“(C) manufacturing technology required to construct complex
3-dimensional geometry parts with improved aerodynamic capability;
“(D) combustion technology to produce higher firing temperature while
lowering nitrogen oxide and carbon monoxide emissions per unit of
output;
“(E) advanced controls and systems integration;
“(F) advanced high performance compressor technology; and
“(G) validation facilities for the testing of components and subsystems;
“(2) include technology demonstration through component testing,
subscale testing, and full-scale testing in existing fleets;
“(3) include field demonstrations of the developed technology elements
to demonstrate technical and economic feasibility;
“(4) assess overall combined cycle and simple cycle system performance;
“(5) increase fuel flexibility by enabling gas turbines to operate with
high proportions of, or pure, hydrogen or other renewable gas fuels;
“(6) enhance foundational knowledge needed for low-emission combustion
systems that can work in high-pressure, high-temperature environments
required for high-efficiency cycles;
“(7) increase operational flexibility by reducing turbine start-up times
and improving the ability to accommodate flexible power demand; and
“(8) include any other elements necessary to achieve the goals described
in subsection (c), as determined by the Secretary, in consultation with
private industry.
“(c) Program Goals.—
“(1) IN GENERAL.—The goals of the program shall be—
“(A) in phase I, to develop a conceptual design of, and to develop and
demonstrate the technology required for—
“(i) advanced high efficiency gas turbines to achieve, on a lower
heating value basis—
“(I) a combined cycle efficiency of not less than 65 percent; or
“(II) a simple cycle efficiency of not less than 47 percent; and
“(ii) aviation gas turbines to achieve a 25 percent reduction in fuel
burn by improving fuel efficiency to existing best-in-class turbo-fan
engines; and
“(B) in phase II, to develop a conceptual design of advanced high
efficiency gas turbines that can achieve, on a lower heating value
basis—
“(i) a combined cycle efficiency of not less than 67 percent; or
“(ii) a simple cycle efficiency of not less than 50 percent.
“(2) ADDITIONAL GOALS.—If a goal described in paragraph (1) has
been achieved, the Secretary, in consultation with private industry
and the National Academy of Sciences, may develop additional goals
or phases for advanced gas turbine research and development.
“(d) Financial Assistance.—
“(1) IN GENERAL.—The Secretary may provide financial assistance,
including grants, to carry out the program.
“(2) PROPOSALS.—Not later than 180 days after the date of enactment of
the Energy Act of 2020, the Secretary shall solicit proposals from
industry, small businesses, universities, and other appropriate parties
for conducting activities under this section.
“(3) CONSIDERATIONS.—In selecting proposed projects to receive financial
assistance under this subsection, the Secretary shall give special
consideration to the extent to which the proposed project will—
“(A) stimulate the creation or increased retention of jobs in the United
States; and
“(B) promote and enhance technology leadership in the United States.
“(4) COMPETITIVE AWARDS.—The Secretary shall provide financial
assistance under this subsection on a competitive basis, with an
emphasis on technical merit.
“(5) COST SHARING.—Financial assistance provided under this subsection
shall be subject to the cost sharing requirements of section 988.
“(e) Authorization of Appropriations.—There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2021 through 2025.”.
(b) Technical Amendment.—The table of contents for the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 600) is further amended by adding
at the end of the items relating to subtitle F of title IX the
following:
######
SEC. 6006. DEVELOPMENT OF NATIONAL SMART MANUFACTURING
PLAN.
(a) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the
Secretary of Energy (in this section referred to as the
‘‘Secretary’’), in consultation with the National Academies, shall
develop and complete a national plan for smart manufacturing
technology development and deployment to improve the productivity
and energy efficiency of the manufacturing sector of the United
States.
(b) CONTENT.—
(1) IN GENERAL.—The plan developed under subsection (a) shall
identify areas in which agency actions by the Secretary and other
heads of relevant Federal agencies would—
(A) facilitate quicker development, deployment, and adoption of
smart manufacturing technologies and processes;
(B) result in greater energy efficiency and lower environmental
impacts for all American manufacturers; and
(C) enhance competitiveness and strengthen the manufacturing
sectors of the United States.
(2) INCLUSIONS.—Agency actions identified under paragraph (1) shall
include—
(A) an assessment of previous and current actions of the Department
relating to smart manufacturing;
(B) the establishment of voluntary interconnection protocols and
performance standards;
(C) the use of smart manufacturing to im8 prove energy efficiency
and reduce emissions in supply chains across multiple
companies;
(D) actions to increase cybersecurity in smart manufacturing
infrastructure;
(E) deployment of existing research results;
(F) the leveraging of existing high-performance computing
infrastructure; and
(G) consideration of the impact of smart manufacturing on existing
manufacturing jobs and future manufacturing jobs.
(c) BIENNIAL REVISIONS.—Not later than 2 years after the date on
which the Secretary completes the plan under subsection (a), and not
less frequently than once every 2 years thereafter, the Secretary
shall revise the plan to account for advancements in information and
communication technology and manufacturing needs.
(d) REPORT.—Annually until the completion of the plan under
subsection (a), the Secretary shall submit to Congress a report on
the progress made in developing the plan.
(e) DEFINITION.—In this section, the term ‘‘smart manufacturing’’
means advanced technologies in information, automation, monitoring,
computation, sensing, modeling, artificial intelligence, analytics,
and networking that—
(1) digitally—
(A) simulate manufacturing production lines;
(B) operate computer-controlled manufacturing equipment;
(C) monitor and communicate production line status; and
(D) manage and optimize energy productivity and cost throughout
production;
(2) model, simulate, and optimize the energy efficiency of a
factory building;
(3) monitor and optimize building energy performance;
(4) model, simulate, and optimize the design of energy efficient
and sustainable products, including
the use of digital prototyping and additive manufacturing to
enhance product design;
(5) connect manufactured products in networks to monitor and
optimize the performance of the networks, including automated
network operations; and
(6) digitally connect the supply chain network.
######
(2) CURRICULUM STUDY.—
(A) IN GENERAL.—The Secretary and the Secretary of Labor shall jointly enter into
an arrangement with the National Academy of Sciences and the
National Academy of Engineering under which the Academies shall
coordinate with the National Science Foundation on conducting a
study—
(i) to design an interdisciplinary program on critical minerals
that will support the critical mineral supply chain and improve the
ability of the United States to increase domestic, critical mineral
exploration, development, production, manufacturing, research,
including fundamental research into alternatives, and
recycling;
(ii) to address undergraduate and graduate education, especially to
assist in the development of graduate level programs of research and
instruction that lead to advanced degrees with an emphasis on the
critical mineral supply chain or other positions that will increase
domestic, critical mineral exploration, development, production,
manufacturing, research, including fundamental research into
alternatives, and recycling;
(iii) to develop guidelines for proposals from institutions of
higher education with substantial capabilities in the required
disciplines for activities to improve the critical mineral supply
chain and advance the capacity of the United States to increase
domestic, critical mineral exploration, research, development,
production, manufacturing, and recycling; and
(iv) to outline criteria for evaluating performance and
recommendations for the amount of funding that will be necessary to
establish and carry out the program de22 scribed in paragraph
(3).
(B) REPORT.—Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a description of
the results of the study required under subparagraph (A).
(3) PROGRAM.—
(A) ESTABLISHMENT.—The Secretary and the Secretary of Labor shall
jointly conduct a competitive grant program under which institutions of
higher education may apply for and receive 4-year grants for—
(i) startup costs for newly designated faculty positions in integrated
critical mineral education, research, innovation, training, and
workforce development programs consistent with paragraph (2);
(ii) internships, scholarships, and fellowships for students enrolled in
programs related to critical minerals;
(iii) equipment necessary for integrated critical mineral innovation,
training, and workforce development programs; and
(iv) research of critical minerals and their applications, particularly
concerning the manufacture of critical components vital to national
security.
(B) RENEWAL.—A grant under this paragraph shall be renewable for up to 2
additional 3-year terms based on performance criteria outlined under
paragraph (2)(A)(iv)
######
SEC. 8015. NET METERING STUDY AND EVALUATION.
(a) IN GENERAL.—Not later than 180 days after the date of enactment
of this Act, the Secretary of Energy shall seek to enter into an
agreement with the National Academies of Sciences, Engineering, and
Medicine (referred to in this section as the ‘‘National Academies’’)
under which the National Academies shall—
(1) study the opportunities and challenges associated with net
metering; and
(2) evaluate the expected medium- and long term impacts of net
metering.
(b) ELEMENTS.—The study and evaluation conducted pursuant to the
agreement entered into under subsection (a) shall address—
(1) developments in net metering, including the emergence of new
technologies;
(2) alternatives to existing metering systems that—
(A) provide for transactions that—
(i) measure electric energy consumption by an electric consumer at
the home or facility of that electric consumer; and
(ii) are capable of sending electric energy usage information
through a communications network to an electric utility;
(B) promote equitable distribution of resources and costs;
and
(C) provide incentives for the use of distributed renewable
generation;
(3) net metering planning and operating techniques;
(4) effective architecture for net metering;
(5) successful net metering business models;
(6) consumer and industry incentives for net metering;
(7) the role of renewable resources in the electric grid;
(8) the role of net metering in developing future models for
renewable infrastructure; and
(9) the use of battery storage with net metering.
(c) REPORT.—
(1) IN GENERAL.—The agreement entered into under subsection (a)
shall require the National Academies to submit to the Secretary of
Energy, not later than 2 years after entering into the agreement, a
report that describes the results of the study and evaluation
conducted pursuant to the agreement.
(2) PUBLIC AVAILABILITY.—The report submitted under paragraph (1)
shall be made available to the public through electronic means,
including the internet.
######
SEC. 9007. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.
(a) Annual Report.—As part of the updated technology transfer execution
plan required each year under section 1001(h)(2) of the Energy Policy
Act of 2005 (42 U.S.C. 16391(g)(2)), the Secretary of Energy (in this
section referred to as the “Secretary”) shall submit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on the
progress and implementation of programs established under sections 9001,
9002, 9003, 9004, and 9005 of this Act.
(b) Evaluation.—Not later than 3 years after the enactment of this Act
and every 3 years thereafter the Secretary shall submit to the Committee
on Science, Space, and Technology of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate an
evaluation on the extent to which programs established under sections
9001, 9002, 9003, 9004, and 9005 of this Act are achieving success based
on relevant short-term and long-term metrics.
(c) Report on Technology Transfer Gaps.—Not later than 3 years
after the enactment of this Act, the Secretary shall enter into an
agreement with the National Academies of Science, Engineering, and
Medicine to submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report on programmatic
gaps that exist to advance the commercial application of
technologies developed at the National Laboratories (as defined in
section 2(3) of the Energy Policy Act of 2005 (42 U.S.C.
15801(3))).
######
SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
######
“(C) OBJECTIVES.—The objectives of EPSCoR shall be—
“(i) to increase the number of researchers at institutions of higher
education in eligible jurisdictions capable of performing nationally
competitive science and engineering research in support of the mission
of the Department of Energy in the areas of applied energy research,
environmental management, and basic science;
“(ii) to enhance the capabilities of institutions of higher education in
eligible jurisdictions to develop, plan, and execute research that is
competitive in the peer-review process; and
“(iii) to increase the probability of long-term growth of competitive
funding to institutions of higher education in eligible jurisdictions.
######
“(F) PROGRAM IMPLEMENTATION.—
“(i) IN GENERAL.—Not later than 270 days after the date of enactment of
the Energy Act of 2020, the Secretary shall submit to the Committees on
Energy and Natural Resources and Appropriations of the Senate and the
Committees on Energy and Commerce and Appropriations of the House of
Representatives a plan describing how the Secretary shall implement
EPSCoR.
“(ii) CONTENTS OF PLAN.—The plan described in clause (i) shall include a
description of—
“(I) the management structure of EPSCoR, which shall ensure that all
research areas and activities described in this paragraph are
incorporated into EPSCoR;
“(II) efforts to conduct outreach to inform eligible entities and
faculty of changes to, and opportunities under, EPSCoR;
“(III) how EPSCoR plans to increase engagement with eligible entities,
faculty, and State committees, including by holding regular workshops,
to increase participation in EPSCoR; and
“(IV) any other issues relating to EPSCoR that the Secretary determines
appropriate.
“(G) PROGRAM EVALUATION.—
“(i) IN GENERAL.—Not later than 5 years after the date of enactment
of the Energy Act of 2020, the Secretary shall contract with a
federally funded research and development center, the National
Academy of Sciences, or a similar organization to carry out an
assessment of the effectiveness of EPSCoR, including an assessment
of—
“(I) the tangible progress made towards achieving the objectives
described in subparagraph (C);
“(II) the impact of research supported by EPSCoR on the mission of
the Department of Energy; and
“(III) any other issues relating to EPSCoR that the Secretary
determines appropriate.
“(ii) LIMITATION.—The organization with which the Secretary
contracts under clause (i) shall not be a National Laboratory.
“(iii) REPORT.—Not later than 6 years after the date of enactment
of the Energy Act of 2020, the Secretary shall submit to the
Committees on Energy and Natural Resources and Appropriations of the
Senate and the Committees on Energy and Commerce and Appropriations
of the House of Representatives a report describing the results of
the assessment carried out under clause (i), including
recommendations for improvements that would enable the Secretary to
achieve the objectives described in subparagraph (C).”.
######
TITLE X—ARPA-E AMENDMENTS
SEC. 10001. ARPA-E AMENDMENTS.
(a) Establishment.—Section 5012(b) of the America COMPETES Act (42
U.S.C. 16538(b)) is amended by striking “development of energy
technologies” and inserting “development of transformative science and
technology solutions to address the energy and environmental missions of
the Department”.
(b) Goals.—Section 5012(c) of the America COMPETES Act (42 U.S.C.
16538(c)) is amended—
(1) by striking paragraph (1)(A) and inserting the following:
“(A) to enhance the economic and energy security of the United States
through the development of energy technologies that—
“(i) reduce imports of energy from foreign sources;
“(ii) reduce energy-related emissions, including greenhouse gases;
“(iii) improve the energy efficiency of all economic sectors;
“(iv) provide transformative solutions to improve the management,
clean-up, and disposal of radioactive waste and spent nuclear fuel; and
“(v) improve the resilience, reliability, and security of infrastructure
to produce, deliver, and store energy; and”; and
(2) in paragraph (2), in the matter preceding subparagraph (A), by
striking “energy technology projects” and inserting “advanced technology
projects”.
(c) Responsibilities.—Section 5012(e)(3)(A) of the America COMPETES Act
(42 U.S.C. 16538(e)(3)(A)) is amended by striking “energy”.
(d) Reports and Roadmaps.—Section 5012(h) of the America COMPETES Act
(42 U.S.C. 16538(h)) is amended to read as follows:
“(h) Reports and Roadmaps.—
“(1) ANNUAL REPORT.—As part of the annual budget request submitted for
each fiscal year, the Director shall provide to the relevant authorizing
and appropriations committees of Congress a report that—
“(A) describes projects supported by ARPA-E during the previous fiscal
year;
“(B) describes projects supported by ARPA-E during the previous fiscal
year that examine topics and technologies closely related to other
activities funded by the Department, and includes an analysis of whether
in supporting such projects, the Director is in compliance with
subsection (i)(1); and
“(C) describes current, proposed, and planned projects to be carried out
pursuant to subsection (e)(3)(D).
“(2) STRATEGIC VISION ROADMAP.—Not later than October 1, 2021, and every
four years thereafter, the Director shall provide to the relevant
authorizing and appropriations committees of Congress a roadmap
describing the strategic vision that ARPA-E will use to guide the
choices of ARPA-E for future technology investments over the following 4
fiscal years.”.
(e) Coordination and Nonduplication.—Section 5012(i)(1) of the America
COMPETES Act (42 U.S.C. 16538(i)(1)) is amended to read as follows:
“(1) IN GENERAL.—To the maximum extent practicable, the Director shall
ensure that—
“(A) the activities of ARPA-E are coordinated with, and do not duplicate
the efforts of, programs and laboratories within the Department and
other relevant research agencies; and
“(B) ARPA-E does not provide funding for a project unless the
prospective grantee demonstrates sufficient attempts to secure private
financing or indicates that the project is not independently
commercially viable.”.
(f) Evaluation.—Section 5012(l) of the America COMPETES Act (42 U.S.C.
16538(l)) is amended—
(1) by striking paragraph (1) and inserting the following:
“(1) IN GENERAL.—Not later than 3 years after the date of enactment
of this paragraph, the Secretary is authorized to enter into a
contract with the National Academy of Sciences under which the
National Academy shall conduct an evaluation of how well ARPA-E is
achieving the goals and mission of ARPA-E.”; and
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by striking “shall”
and inserting “may”; and
(B) in subparagraph (A), by striking “the recommendation of the
National Academy of Sciences” and inserting “a
recommendation”.
######
TITLE XI—OTHER MATTERS
SEC. 11001. LOW-DOSE RADIATION RESEARCH.
(a) Low-dose Radiation Research Program.—Section 306(c) of the
Department of Energy Research and Innovation Act (42 U.S.C. 18644(c)) is
amended to read as follows:
“(c) Low-dose Radiation Research Program.—
“(1) IN GENERAL.—The Secretary shall carry out a research program on
low-dose and low dose-rate radiation to—
“(A) enhance the scientific understanding of, and reduce uncertainties
associated with, the effects of exposure to low-dose and low dose-rate
radiation; and
“(B) inform improved risk-assessment and risk-management methods with
respect to such radiation.
“(2) PROGRAM COMPONENTS.—In carrying out the program required under
paragraph (1), the Secretary shall—
“(A) support and carry out the directives under section 106(b) of the
American Innovation and Competitiveness Act (42 U.S.C. 6601 note),
except that such section shall be treated for purposes of this
subsection as applying to low dose and low-dose rate radiation research,
in coordination with the Physical Science Subcommittee of the National
Science and Technology Council;
“(B) identify and, to the extent possible, quantify, potential monetary
and health-related impacts to Federal agencies, the general public,
industry, research communities, and other users of information produced
by such research program;
“(C) leverage the collective body of knowledge from existing low-dose
and low dose-rate radiation research;
“(D) engage with other Federal agencies, research communities, and
potential users of information produced under this section, including
institutions performing or utilizing radiation research, medical
physics, radiology, health physics, and emergency response measures; and
“(E) support education and outreach activities to disseminate
information and promote public understanding of low-dose radiation, with
a focus on non-emergency situations such as medical physics, space
exploration, and naturally occurring radiation.
“(3) RESEARCH PLAN.—
“(A) Not later than 90 days after the date of enactment of the
Energy Act of 2020, the Secretary shall enter into an agreement with
the National Academy of Sciences to develop a long-term strategic
and prioritized research agenda for the program described in
paragraph (2);
“(B) Not later than one year after the date of enactment of the Energy
Act of 2020, the Secretary shall transmit this research plan developed
in subparagraph (A) to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate.
“(4) GAO STUDY.—Not later than 3 years after the date of enactment of
the Energy Act of 2020, the Comptroller General shall transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate, a report on:
“(A) an evaluation of the program activities carried out under this
section;
“(B) the effectiveness of the coordination and management of the
program; and
“(C) the implementation of the research plan outlined in paragraph (3).
“(6) DEFINITIONS.—In this subsection:
“(A) LOW-DOSE RADIATION.—The term ‘low-dose radiation’ means a radiation
dose of less than 100 millisieverts.
“(B) LOW DOSE-RATE RADIATION.—The term ‘low dose-rate radiation’ means a
radiation dose rate of less than 5 millisieverts per hour.
######
SEC. 158. DATA FOR WATER ALLOCATION, SUPPLY, AND DEMAND.
(a) Study on Data for Water Allocation, Supply, and Demand.—
(1) IN GENERAL.—The Secretary shall offer to enter into an agreement with the
National Academy of Sciences to conduct a study on the ability of
Federal agencies to coordinate with other Federal agencies, State
and local agencies, Indian Tribes, communities, universities,
consortiums, councils, and other relevant entities with expertise in
water resources to facilitate and coordinate the sharing among such
entities of water allocation, supply, and demand data,
including—
(A) any catalogs of such data;
(B) definitions of any commonly used terms relating to water
allocation, supply, and demand; and
(C) a description of any common standards used by those
entities.
(2) REPORT.—If the National Academy of Sciences enters into an
agreement under paragraph (1), to the maximum extent practicable,
not later than 1 year after the date of enactment of this Act, the
National Academy of Sciences shall submit to Congress a report that
includes—
(A) the results of the study under paragraph (1);
(B) recommendations for ways to streamline and make cost-effective
methods for Federal agencies to coordinate interstate sharing of
data, including recommendations for the development of a publicly
accessible, internet-based platform that can allow entities
described in paragraph (1) to communicate and coordinate ongoing
data collection efforts relating to water allocation, supply, and
demand, and share best practices relating to those efforts;
and
(C) a recommendation as to an appropriate Federal entity that
should—
(i) serve as the lead coordinator for the sharing of data relating
to water allocation, supply, and demand; and
(ii) host and manage the internet-based platform described in
subparagraph (B).
(b) Data Transparency.—The Secretary shall prioritize making
publicly available water resources data in the custody of the Corps
of Engineers, as authorized by section 2017 of the Water Resources
Development Act of 2007 (33 U.S.C. 2342).
(c) Funding.—From amounts otherwise appropriated or made available
to the Secretary, the Secretary may make available to the National
Academy of Sciences not more than $3,900,000, to be used for the
review of information provided by the Corps of Engineers for
purposes of a study under subsection (a). The Secretary may accept
funds from another Federal agency and make such funds available to
the National Academy of Sciences, to be used for the review of
information provided by such agency for purposes of a study under
subsection (a).
######
SEC. 226. REPORT ON ANTECEDENT HYDROLOGIC CONDITIONS.
(a) Report.—
(1) IN GENERAL.—Not later than 18 months after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the use by
the Corps of Engineers since 2010 of data relating to antecedent
hydrologic conditions in the Missouri River Basin (including soil
moisture conditions, frost depths, snowpack, and streamflow conditions)
in—
(A) conducting Missouri River mainstem reservoir operations under the
Missouri River Master Manual;
(B) developing related annual operating plans; and
(C) performing seasonal, monthly, and daily operations.
(2) INCLUSIONS.—The report submitted under paragraph (1) shall include—
(A) a review of—
(i) the approach of the Corps of Engineers to forecasting basin runoff
in developing annual operating plans of the Corps of Engineers;
(ii) the assessment of existing and alternative algorithms that could
improve basin runoff forecasting;
(iii) the approach of the Corps of Engineers for reservoir releases in
the winter, spring, summer, and fall, based on basin runoff forecasts;
(iv) the technical report of the Corps of Engineers entitled “Long-Term
Runoff Forecasting”, dated February, 2017;
(v) the use by the Corps of Engineers of data from Federal and State
entities in basin runoff forecasts; and
(vi) the use by the Corps of Engineers of advanced data collection,
including through the use of unmanned aerial systems, forecasting, and
modeling;
(B) findings and recommendations on how to best incorporate antecedent
basin conditions in annual operating plans and Missouri River mainstem
reservoir operations; and
(C) the results of the peer review conducted under subsection (b).
(b) Peer Review.—The Secretary shall seek to enter into an
agreement with the National Academy of Sciences or a similar
independent scientific and technical advisory organization to
establish a panel of experts to conduct a peer review of the report
to be submitted under subsection (a).
(c) Authorization of Appropriations.—There are authorized to be
appropriated to the Secretary—
(1) $5,000,000 to carry out subsection (a); and
(2) $5,000,000 to carry out subsection (b).
######
Subtitle B—Strengthening Public Health
SEC. 311. IMPROVING AWARENESS OF DISEASE PREVENTION.
(a) In General.—The Public Health Service Act is amended by striking
section 313 of such Act (42 U.S.C. 245) and inserting the following:
“SEC. 313. PUBLIC AWARENESS CAMPAIGN ON THE IMPORTANCE OF
VACCINATIONS.
“(a) In General.—The Secretary, acting through the Director of the
Centers for Disease Control and Prevention and in coordination with
other offices and agencies, as appropriate, shall award competitive
grants or contracts to one or more public or private entities to carry
out a national, evidence-based campaign to increase awareness and
knowledge of the safety and effectiveness of vaccines for the prevention
and control of diseases, combat misinformation about vaccines, and
disseminate scientific and evidence-based vaccine-related information,
with the goal of increasing rates of vaccination across all ages, as
applicable, particularly in communities with low rates of vaccination,
to reduce and eliminate vaccine-preventable diseases.
“(b) Consultation.—In carrying out the campaign under this section,
the Secretary shall consult with appropriate public health and
medical experts, including the National Academy of Medicine and
medical and public health associations and nonprofit organizations,
in the development, implementation, and evaluation of the
evidence-based public awareness campaign.
“(c) Requirements.—The campaign under this section shall—
“(1) be a nationwide, evidence-based media and public engagement
initiative;
“(2) include the development of resources for communities with low rates
of vaccination, including culturally and linguistically appropriate
resources, as applicable;
“(3) include the dissemination of vaccine information and communication
resources to public health departments, health care providers, and
health care facilities, including such providers and facilities that
provide prenatal and pediatric care;
“(4) be complementary to, and coordinated with, any other Federal,
State, local, or Tribal efforts, as appropriate; and
“(5) assess the effectiveness of communication strategies to increase
rates of vaccination.
“(d) Additional Activities.—The campaign under this section may—
“(1) include the use of television, radio, the internet, and other media
and telecommunications technologies;
“(2) include the use of in-person activities;
“(3) be focused to address specific needs of communities and populations
with low rates of vaccination; and
“(4) include the dissemination of scientific and evidence-based
vaccine-related information, such as—
“(A) advancements in evidence-based research related to diseases that
may be prevented by vaccines and vaccine development;
“(B) information on vaccinations for individuals and communities,
including individuals for whom vaccines are not recommended by the
Advisory Committee for Immunization Practices, and the effects of low
vaccination rates within a community on such individuals;
“(C) information on diseases that may be prevented by vaccines; and
“(D) information on vaccine safety and the systems in place to monitor
vaccine safety.
“(e) Evaluation.—The Secretary shall—
“(1) establish benchmarks and metrics to quantitatively measure and
evaluate the awareness campaign under this section;
“(2) conduct qualitative assessments regarding the awareness campaign
under this section; and
“(3) prepare and submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and Committee on Energy and Commerce of the
House of Representatives an evaluation of the awareness campaign under
this section.
######
**********************************************************************************
JOINT EXPLANATORY STATEMENT (By Division)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- -
DMSION A - AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT,
2021
The explanatory statement accompanying this division is approved and
indicates congressional intent. Unless otherwise noted, the language set
forth in House Report 116-446 carries the same weight as language
included in this explanatory statement and should be complied with
unless specifically addressed to the contrary in this explanatory
statement. While some language is repeated for emphasis, it is not
intended to negate the language referred to above unless expressly
provided herein.
######
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN (WIC)
The agreement provides $6,000,000,000 for the Special Supplemental Food
Program for Women, Infants, and Children, which fully funds anticipated
participation for fiscal year 2021. The agreement provides $90,000,000
for the breastfeeding peer counselor program and $14,000,000 for
infrastructure.
The agreement encourages USDA to collaborate with the Department of
Health and
Human Services on the development of uniform, evidence-based nutrition
education materials in
order to best serve WIC-eligible pregnant women and caregivers to
infants impacted by Neonatal
Abstinence Syndrome.
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.
######
NUTRITION PROGRAMS ADMINISTRATION
The agreement provides $156,805,000 for Nutrition Programs
Administration. The agreement continues to be interested in the
decision-making process leading up to the development of the 2020
Dietary Guidelines for Americans.
The agreement is especially interested to know if USDA considered
in their decision-making the recommendations included in the
National Academy of Sciences, Engineering, and Medicine September
2017 report entitled "Redesigning the Process for Establishing the
Dietary Guidelines for Americans". It is imperative that these
guidelines and future guidelines be based upon strong and balanced
science as well as focused on providing consumers with dietary and
nutritional information that will assist them in eating a healthy
and balanced diet. Section 796 describes the requirements of a study
to be conducted by the National Academy of Sciences, Engineering,
and Medicine within a year of enactment of this Act. The agreement
provides a one-time increase of $1,000,000 for this review and
corresponding report.
######
DIVISION B - COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
The joint explanatory statement accompanying this division is approved
and indicates congressional intent. Unless otherwise noted, the language
set forth in House Report 116-455 ("the House report") 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 or the Act. 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 the House report directs the submission of a report, such
report is to be submitted to both the House and Senate Committees on
Appropriations ("the Committees").
######
Intense, Ultrafast Lasers.-
In 2018, the National Academy of Sciences found that the United
States has lost its previous dominance in high-intensity lasers,
which are critical to advance scientific discovery, future science
facilities, and important applications in national security,
industry, and medicine. NSF is encouraged to implement report recommendations and to make the
necessary early stage investments in intense, ultrafast laser science
and technology.
######
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND
EXPENSES
The agreement includes $404,490,000 for the Equal Employment Opportunity
Commission (EEOC).
Summary of Equal Pay Data and Report.-In lieu of House language
regarding analyzing summary pay information collected through the
revised EEO-1 form for 2017 and 2018,
it is acknowledged that the EEOC is contracting with the National
Academies of Sciences, Engineering, and Medicine's Committee on
National Statistics to conduct an independent assessment of the
quality and utility of the EE0-1 Component 2 data for 2017 and 2018.
The Committees on Appropriations expect a thorough, transparent
review of the data, and look forward to the results of the study
that will be completed in December of 2021.
######
Lunar Discovery.-The agreement includes up to $451,500,000 for
the Lunar Discovery and Exploration, including $22,000,000 to continue
the Lunar Reconnaissance Orbiter, $70,000,000 for the new Lunar Future
initiative, and up to the request level for Commercial Lunar Payload
Services (CLPS). NASA is expected to provide funding under the CLPS
program only for lunar landers and rovers majority-designed, developed,
and built in the United States. Additionally, this level of funding
supports a regular cadence of at least one robotic mission to the lunar
surface per year.
The Lunar Discovery and Exploration program shall adhere to the
lunar science priorities established by decadal surveys and the
National Research Council's Scientific Context for the Exploration
of the Moon by funding activities that meet both lunar science and human exploration needs through varied mission
types.
######
DIVISION D - ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
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, 2021, and for other purposes.
The explanatory statement accompanying this division is approved and
indicates congressional intent. Unless otherwise noted, the language set
forth in House Report 116-449 carries the same weight as the language
included in this explanatory statement and should be complied with
unless specifically addressed to the contrary in this explanatory
statement. While some language is repeated for emphasis, it is not
intended to negate the language referred to above unless expressly
provided herein. Additionally, where this explanatory statement states
that the "agreement only includes" or "the following is the only"
direction, any direction included in the House report on that matter
shall be considered as replaced with the direction provided within this
explanatory statement. In cases where the House has directed the
submission of a report, such report is to be submitted to the Committees
on Appropriations of both Houses of Congress. House reporting
requirements with deadlines prior to or within 15 days of the enactment
of this Act shall be submitted not later than 60 days after enactment of
this Act. All other reporting deadlines not changed by this explanatory
statement are to be met
######
The agreement includes a provision prohibiting funds for reorganization
of the Civil Works program.
Nothing in this Act prohibits the Corps from contracting with the
National Academy of Sciences to carry out the study authorized by
section 1102 of the America's Water Infrastructure Act of2018
(P.L.
115-270).
######
NUCLEAR ENERGY
######
The Department, in consultation with the National Nuclear Security
Administration, is directed to contract with the National Academy of
Sciences (NAS) not later than 60 days after enactment of this Act to
conduct a comprehensive, independent study on the non-proliferation
and security risks and international safeguards challenges
associated with advanced nuclear reactors and related fuel cycle
technologies. The NAS shall convene a committee whose members have
expertise in advanced nuclear reactors, nuclear nonproliferation and
security, enrichment and reprocessing, and other areas of expertise
that the NAS deems essential for completion of the study. The NAS
committee's consensus study report shall also provide findings and
recommendations that may consider policy options as long as the
recommendations do not involve non-technical value judgments. The
study shall include assessments of the proliferation implications of
high-assay low-enriched uranium, uranium-plutonium mixed oxide fuel,
and advanced fuel cycles that require separating plutonium from
spent fuel. The study shall also address the extent to which
advanced reactors and associated fuel cycle facilities, in their
design and operations, support International Atomic Energy Agency
safeguard activities, particularly those related to nuclear material
accounting and control as well as containment, surveillance,
monitoring, and timeliness of detection of diversion. Advanced
reactor technologies shall include the designs under consideration
by the Generation IV International Forum and by the Department and
any related fuel cycle technologies. The study shall be submitted to
the Committees on Appropriations of both Houses of Congress not
later than 18 months after the Department and NAS enter into a
contractual agreement.
######
DIVISION E - FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2021
The joint explanatory statement accompanying this division is approved
and indicates Congressional intent. Unless otherwise noted, the language
set forth in House Report 116—456 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
Section 501 prohibits the use of Federal funds in fiscal year 2021
for the adoption or implementation of the proposed rule on ROVs
until a study by the National Academy of Sciences is
completed.
######
CONSUMER PRODUCT SAFETY COMMISSION SALARIES AND EXPENSES
Organohalogen Flame Retardants.-The Commission should consider the National Academies of Sciences,
Engineering, and Medicine's report regarding a scoping plan for
addressing organohalogen flame retardants in response to the granted
petition to adopt mandatory standards under the Federal Hazardous
Substances Act to protect consumers from health hazards caused by
the use of non-polymeric, additive form, organohalogen flame
retardants in children's products, furniture, mattresses, and the
casings surrounding electronics, including proposals to consider
certain subcategories when determining any safe, allowable
uses.
######
DIVISION G - DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
The following statement is an explanation of the effects of Division G,
which provides 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 2021.
The joint explanatory statement accompanying this division is approved
and indicates congressional intent. Unless otherwise noted, the language
set forth in
House Report 116-448 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.
######
Biological Threats and Invasive Species Research Program.-The
recommendation provides $38,249,000 including $3,720,000 for chronic
wasting disease.
In carrying out chronic wasting disease research, the Survey may
consult, partner, or contract with the Animal and Plant Health
Inspection Service, the National Academy of Sciences, State and
Federal public and private entities, and any chronic wasting disease
task forces and working groups. Collaboration should continue with
partners to develop early detection tools and compounds to disrupt
transmission of the disease.
In particular, the recommendation encourages research and investment
into carcass disposal methods to mitigate the spread of chronic wasting
disease, and the Survey is urged to consult with the Environmental
Protection Agency, the Federal Emergency Management Agency, Tribes, and
States to develop recommendations for carcass disposal methods that are
compliant with relevant Federal clean air and water and solid waste
regulations. The Survey is also encouraged to work in collaboration with
the Fish and Wildlife Service to aid State and Tribal wildlife agencies
in the application of existing human dimensions research to the
management and prevention of chronic wasting disease. The agreement
provides $500,000 for Coral disease and $10,620,000 for Asian carp
research, of which $3,000,000 is for research on grass carp. The
direction found in Senate Report 116-123 is continued for white nose
syndrome, Asian carp, Coral disease, and invasive species research,
detection, and response efforts.
######
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HRpt
116-448 - To accompany H.R. 7612 – [M]aking appropriations for the
Department of the Interior, the Environmental Protection Agency, and
Related Agencies for the fiscal year ending September 30, 2021.
(7/14/20)
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Science Support.—The recommendation does not approve the
proposed elimination of the program and includes $12,767,000 for the
Science Support program, $4,500,000 below the enacted level and
$12,767,000 above the budget request. This funding level maintains the
enacted level for ecosystem restoration of the Gulf Coast as well as
includes $3,500,000 for research related to white-nose syndrome in bats.
The Service should continue to co-lead and implement the North American
Bat Monitoring Program with other Federal, State, and non-governmental
partners. The Service is also expected to partner with Cooperative
Research Units whenever possible.
Acknowledging the findings of the report from the Intergovernmental
Science-Policy Platform on Biodiversity and Ecosystem Services that
1,000,000 species are threatened with extinction, the Service is
encouraged to contract with the National Academy of Sciences on the
impacts of the loss of biodiversity and ecosystem services on
various sectors of society, including the private sector, and
recommend changes that can be instituted to conserve, restore and
sustainably use nature. The Service is also to consider investigating the impacts of climate
change on outdoor recreational activities at refuges, such as
recreational boating, that affect refuge use and visitation.
######
DIVISION H-DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
The explanatory statement accompanying this division is approved and
indicates Congressional intent. Unless otherwise noted, the language set
forth in
House Report 116-450 carries the
same weight as language included in this explanatory statement and
should be complied with unless specifically addressed to the contrary in
this explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred to above
unless expressly provided herein.
######
Primate Research.- The agreement recognizes the use of nonhuman
primates in biomedical research for developing vaccines and treatments
for public health threats. It also acknowledges the obligation in
Federal law to minimize animal research and consider the use of
alternatives wherever possible.
The agreement directs NIH to commission an independent study by the
National Academies of Sciences, Engineering, and Medicine (NASEM) to
explore the current and future use of nonhuman primates in
intramural NIH research. This study should include, but not be
limited to: an assessment of the extent to which primates will
continue to be necessary for intramural NIH biomedical research and,
if so, in what areas; an analysis of primate availability and
transportation options to fulfill current and future research needs;
and a review of existing and anticipated future alternatives to the
use of primates and how these could reduce NIH's reliance on
nonhuman primates to fulfill the agency's mission currently and in
the future.
######
BUILDINGS AND FACILITIES
The recommendation includes $200,000,000 for buildings and facilities,
in addition to $225,000,000 from HHS' Nonrecurring Expenses Fund.
The explanatory statement accompanying the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) encouraged NIH to
implement the recommendations of the 2019 NASEM report
Managing the NIH Bethesda Campus ' Capital Assets in a Highly
Competitive Global Biomedical Research Environment, especially those relating to developing best practices around
setting priorities and reforming its internal governance process,
including empowering a senior leader to manage capital
planning.
Despite its efforts, NIH has not developed a capital planning process
that is used to guide agency decision-making. Capital planning remains
fragmented and inconsistent. The agreement recognizes the need for
significant investment to modernize NIH' s infrastructure in the coming
years, but to ensure this work will be effectively executed, NIH must
build a unified capital planning and management capability to oversee
all of its portfolio. The agreement directs NIH to reform its internal
governance process and policies and empower a senior leader to manage
all of its capital portfolio, including projects whose cost exceeds
$3,500,000, but falls below $10,000,000. Establishment of the Research
Facilities Advisory Committee (RF AC) has been a step in the right
direction, and the agreement expects that all projects, regardless of
their funding source, will be consistently evaluated and ranked by the
RF AC. The recommendation also expects that as NIH' s portfolio
management capabilities mature, it will develop the policies and
practices to assess whether construction, purchase, or leasing is the
most cost effective approach. The agreement directs NIH to provide
quarterly updates of its efforts to develop best practices. These
briefings should also include updates of its maintenance and
construction plans, including a dashboard that compares the original and
current scores, rankings, costs and schedule for major milestones of the
projects in its portfolio. Finally, these updates will highlight and
explain any changes from the original baseline estimates for individual
projects.
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Nursing Home Quality.-The agreement strongly supports the committee recently formed by
the National Academies of Sciences, Engineering, and Medicine to
examine the quality of care in U.S. nursing homes. The agreement
looks forward to reviewing the committee's findings and
recommendations.
######
Social Services Research and Demonstration.-The agreement directs $1,000,000 to the Child Welfare
Intergenerational Poverty Study as described in House Report
116-450.
######
Racial and Ethnic Health Inequities .-The agreement encourages OMH to consider commissioning a
non-partisan study of Federal policies that contribute to racial and
ethnic health inequities, as described in House Report
116-450.
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Organ Availability and Donation Innovation.-The agreement looks forward to receiving the NASEM study which will
examine and recommend improvements to research, policies, and
activities related to organ donation and transplantation.
######
Nursing Home Quality.-The agreement strongly supports the committee recently formed by
the National Academies of Sciences, Engineering, and Medicine to
examine the quality of care in U.S. nursing homes. The agreement
looks forward to reviewing the committee's findings and
recommendations.
######
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HRpt
116-450 - To accompany H.R. 7614 – [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), and Education, and the
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 Social Security
Administration for the fiscal year ending September 30, 2021, and for
other purposes.
(7/15/20)
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Birth Settings.—The Committee notes that the 2020 Consensus Study Report “Birth
Settings in America: Outcomes, Quality, Access, and Choice”
conducted by the National Academies of Sciences, Engineering and
Medicine found that “Modifications to the birth certificate that
allow inquiry into birth settings based on models indicating
intended setting of birth, including planned attended and planned
unassisted home births in the U.S. and intended birth attendants are
needed to better understand and assess outcomes by birth settings.”
The Committee urges the National Center for Health Statistics to
explore ways to collect more detailed records on birth settings as
part of its collection of vital statistics.
######
Black Men in Medicine and Science.—The Committee supports the efforts of the National Academies
Roundtable on Black Men and Black Women in Medicine to explore the
factors that contribute to the low participation of Black men in the
medical profession. The Committee directs the Director to allocate increased resources
through the Common Fund to address the increasing underrepresentation of
Black men in medical schools and in the biomedical research profession.
In addition, the Committee recognizes the need to increase the number of
biomedical research professionals as leaders in critical areas of
national need. The Committee directs NIH to establish a scholarship
program that encourages African American students to pursue a career in
medicine, science, and biomedical research to combat the persistent
decline of Black male physicians over the last decade.
######
Nursing Home Quality.—The Committee includes $1,500,000 for the National Academies of
Sciences, Engineering, and Medicine (NASEM) to conduct a study of
how the United States delivers, regulates, and measures the quality
of nursing home care. In 1986, the Institute of Medicine (IOM, now
NASEM) completed an evidence-based examination of nursing home
quality and issued the landmark report, Improving the Quality of
Care in Nursing Homes. In 1987, Congress enacted the Nursing Home
Reform Act as part of the Omnibus Reconciliation Act of 1987, after
which the Health Care Finance Administration (now CMS) issued
comprehensive regulations and survey processes to “ensure that
residents of nursing homes receive quality care that will result in
their highest practicable physical, mental and social well-being.”
These regulations for the most part are still in effect, most
recently reissued as the 2016 Requirements of Participation. Over
the past 30 years, the population served by nursing homes has
changed significantly and the ability to understand and measure
quality in long-term care settings has advanced
significantly—however, there has been no systematic review and
analysis of the body of evidence regarding quality practices and
measurement and how the evidence links to the regulations and
enforcement system. Congress finds that such a study is in the
public interest to enhance the quality of life and care experienced
by residents of nursing homes now and in the future, and that NASEM
should examine the current regulatory structure and how it links to
care outcomes; consistency and effectiveness of oversight,
enforcement, and penalties; evidence about which interventions
produce high quality care in nursing homes; workforce and
competencies needed to deliver high-quality care in nursing homes;
current Medicare and Medicaid nursing home payment models and
whether they support delivery of high-quality care and regulatory
compliance; what consumers and family members seek and value in
nursing home care; and alternative structures, policies, and care
models to promote care innovation and assure quality.
######
Child Welfare Intergenerational Poverty Study.—The Committee directs $1,000,000 for the Secretary to enter into an
agreement with the National Academy of Sciences to provide an
evidence-based analysis of and recommendations for policies and
programs to reduce intergenerational poverty and improve child
welfare. This study should include, but not be limited to: the
correlates and causes of the perpetuation of poverty from childhood
into adulthood; the racial disparities and structural factors that
contribute to this cycle; the effects of major assistance,
intervention, and education programs on intergenerational poverty;
identify policies and programs that have the potential to
significantly reduce the effects of intergenerational poverty; and
identify key, high-priority gaps in the research needed to help
develop effective policies for reducing intergenerational poverty in
the United States.
######
Racial and Ethnic Health Inequities.—The Committee includes $1,500,000 for the Office of Minority Health
to enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine to provide an evidence-based, non-partisan
analysis of Federal policies that contribute to racial and ethnic
health inequities, as well as potential solutions. The study should
review current Federal policies that contribute to health
inequities, including those policies that impact the social
determinants of health. Based on that review, the analysis should
identify the most effective or promising strategies to eliminate or
modify to advance racial and ethnic health equity. The analysis
should be inclusive of all racial and ethnic minority populations in
the United States, including Black or African American, Hispanic or
Latino, American Indian, Alaska Native, Asian American, Native
Hawaiian, and Pacific Islander.
######
Information and Communication Technology.—The Committee directs the Office of Educational Technology, in
consultation with the Institute of Education Sciences and the
National Academies of Science, to conduct a study and prepare a
report and submit to the Committee within one year of enactment of
this Act on the use of information and communication technology
(ICT) in K-12 classrooms. The Office of Educational Technology will review the available
literature on the role ICT plays in K-12 classrooms, consider both
positive and negative effects, and explore how ICT can most effectively
be used to support students’ learning. The Office of Educational
Technology will make recommendations on future directions for research,
policy, and practices to improve the educational outcomes for children
and youth.
######
DIVISION J -- MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
The joint explanatory statement accompanying this division is approved
and indicates congressional intent. Unless otherwise noted, the language
set forth in House Report 116-445 carries the same weight as language
included in the 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.
######
Canine Research.-The agreement maintains the Administrative
Provision included in Public Law 116-94 related to VA animal research.
The Department is directed to provide to the Committees, within 180
days of enactment of this Act, a report outlining their efforts to
address each of the recommendations in the National Academies of
Sciences, Engineering, and Medicine report on the Necessity, Use,
and Care of Laboratory Dogs at the U.S. Department of Veterans
Affairs.
######
DIVISION L - TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2021
CONGRESSIONAL DIRECTIVES
The joint explanatory statement accompanying this division is approved
and indicates congressional intent. Unless otherwise noted, the language
set forth in House Report 116-452 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. In cases where the House 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 (DOT) and
the Department of Housing and Urban Development (HUD) 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, 2021.
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Recycled plastic materials in transportation.-The agreement provides $800,000 for the Secretary to enter into an
agreement with the National Academies of Sciences, Engineering, and
Medicine to conduct a study through the Transportation Research
Board on the use of recycled plastic materials, as directed and
enumerated in House Report 116-452. However, the agreement modifies
the direction in the House report by limiting the study to recycled
plastic materials in asphalt mixtures.
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HRpt
116-452 - To accompany H.R. 7616 – [M]aking appropriations for the
Departments of Transportation, Housing and Urban Development, and
related agencies for the fiscal year ending September 30, 2021.
(7/16/20)
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COMMITTEE RECOMMENDATION
The Committee recommendation provides $19,800,000 for research and
technology activities.
Transportation resilience metrics study.—The Committee
continues to assert that new construction or major rehabilitation
projects funded by the Department through competitive grant and formula
programs should be constructed to the most current relevant standards
and address the risk of structural failure or loss of use from natural
hazards throughout the lifetime of the project.
The Committee is pleased that the Department entered into an
agreement in April 2020 with the National Academies of Sciences,
Engineering, and Medicine to conduct a study through the
Transportation Research Board on effective ways to measure the
resilience of transportation systems. The Committee understands the
Transportation Research Board will identify and examine metrics to
assess the resilience of existing infrastructure and to inform
infrastructure investment planning across the surface, marine, and
aviation modes for a wide array of natural disasters and hazards.
The Committee looks forward to receiving the findings and
recommendations of this study as required by P.L. 116-94.
######
Recycled plastic materials in transportation.—The Committee provides $800,000 for the Secretary to enter into an
agreement with the National Academies of Sciences, Engineering, and
Medicine to conduct a study through the Transportation Research
Board on the use of recycled plastic materials in transportation
infrastructure. The study should (1) identify domestic and
international examples of transportation infrastructure projects
which have used recycled plastic materials and projects in which
recycled plastic materials have been incorporated into or with other
transportation infrastructure, (2) assess the effectiveness and
utility of recycled plastic materials, (3) assess the extent to
which recycled plastic materials are consistent with recognized
specifications and standards for transportation infrastructure, (4)
review relevant impacts of recycled plastic materials compared to
non-waste plastic materials, (5) assess the health, safety, and
environmental impacts of recycled plastic materials on humans and
animals, (6) assess the ability of recycled plastic materials to
withstand natural disasters and extreme weather events, and (7)
assess the potential economic benefits of recycled plastic
materials. The Committee directs the Secretary to submit to the
House and Senate Committees on Appropriations a final study, with
recommendations, developed by the National Academy of Sciences,
Engineering, and Medicine no later than 2 years after enactment of
this Act.
######
Truck size and weight.—In fiscal year 2020, the Committee directed the Department to
expeditiously develop an implementation plan, including projected
timelines, for conducting the research outlined in the
Transportation Research Board’s Truck Size and Weight Research Plan.
The Truck Size and Weight Research Plan outlines numerous projects,
including those related to the impact of different truck
configurations on driver safety, the service life and deterioration
rates of bridges, and the condition of pavement.
The Committee notes that it has not yet received this implementation
plan and directs FHWA to brief the House and Senate Committees on
Appropriations on the implementation plan within 90 days of enactment of
this Act. The results of this research should be considered by the
Department and Congress before any national changes in truck length or
weight policy are considered.
######
Compliance, safety, accountability data.—The Committee reiterates direction to FMCSA to address, in an
expedited manner, the recommendations submitted by the National
Academies of Sciences, Engineering, and Medicine in the manner
specified by the Office of the Inspector General on September 25,
2019.
The Committee believes that Compliance, Safety, Accountability data
collected by the agency should be made available to the general public,
consistent with the provisions of the FAST Act.
######
LNG by rail.—The Committee remains concerned that the
transportation of LNG by rail poses new and different risks to the
public, environment, and property. The Committee is aware of several
research and development projects PHMSA and the Federal Railroad
Administration (FRA) are actively pursuing relating to the
transportation of LNG in rail tank cars or the use of LNG as a fuel for
locomotives. These activities are expected to continue through December
2021 and additional research projects are planned for fiscal years 2020
and 20
In addition, PHMSA entered into an agreement in April 2020 with the
National Academies of Sciences, Engineering, and Medicine to conduct
an independent study through the Transportation Research Board (TRB)
on the transportation of LNG in rail tank cars as required by P.L.
116-94. The Committee understands the TRB will conduct this study in
two phases. In Phase 1 the TRB will review ongoing and planned
research, testing, and data analysis by PHMSA and FRA relating to
the transportation of LNG in rail tank cars. In Phase 2 the TRB will
gather and analyze information relating to the transportation of LNG
in rail tank cars, including information on methods used to
transport LNG by other modes, train operational controls, and
emergency response planning.
The Committee is profoundly disappointed that the Department chose to
initiate and complete a rulemaking to authorize the bulk transportation
of LNG by rail in DOT-113 rail tank cars without having all the
information in hand, in particular the results of ongoing research
projects by PHMSA and FRA and the independent study by the TRB.
The Committee is further concerned that this rulemaking was
completed in record speed, with only 245 days between issuing the
notice of proposed rulemaking and final rule. This fast-tracked
process leads the Committee to believe the Department was more
concerned with fulfilling the directives of Executive Order 13868,
than with the safety of the communities living along potential LNG
transportation routes. The Committee continues to assert that the
ongoing research projects and the TRB study should have informed the
Department’s decision-making and this rulemaking. Therefore, no
later than 30 days after the TRB has completed Phase 1 of the TRB
study, the Committee directs PHMSA to brief the House and Senate
Committees on Appropriations on actions the agency plans to take in
response to the results of Phase 1, including any potential changes
to the final rule authorizing the bulk transportation of LNG by rail
in DOT-113 rail tank cars. In addition, no later than 30 days after
the TRB has completed Phase 2 of the TRB study, which P.L. 116-94
required to be completed no later than December 20, 2020, the
Committee directs PHMSA to brief the House and Senate Committees on
Appropriations on actions the agency plans to take in response to
the results of Phase 2, including any potential changes to the final
rule authorizing the bulk transportation of LNG by rail in DOT-113
rail tank cars. Further, the Committee notes that the INVEST in America Act requires
the Department to rescind any special permit or approval for the
transportation of LNG by rail tank cars and places a stay on any
regulation authorizing the transportation of LNG by rail tank cars until
the Department completes a thorough evaluation of the safety, security,
and environmental risks of transporting LNG by rail.
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