Office of Congressional and Government Affairs (OCGA)
The Office of Congressional and Government Affairs (OCGA) is the principal liaison office between the National Academies of Sciences, Engineering, and Medicine and Capitol Hill.
The Office of Congressional and Government Affairs (OCGA) is the principal liaison office between the National Academies of Sciences, Engineering, and Medicine and Capitol Hill.
Public Law 116-260
The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain references to and studies for The National Academies of Sciences, Engineering, and Medicine. (Pound signs [##] between passages denote the deletion of unrelated text.)
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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
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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.
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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).
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“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:
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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.
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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.
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SEC. 2008. FUSION ENERGY RESEARCH.
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“(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.
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‘‘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)
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“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:
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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.
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(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)
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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.
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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))).
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SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
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“(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.
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“(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).”.
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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”.
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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.
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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).
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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).
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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.
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JOINT EXPLANATORY STATEMENT (By Division)
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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.
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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.
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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.
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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").
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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.
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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.
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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.
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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
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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).
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NUCLEAR ENERGY
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
######
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.
######
**********************************************************************************
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.
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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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