--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
######
The Secretary shall use funds made available under the heading
“Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC)” to increase the amount of a cash-value voucher
for women and children participants to an amount recommended by
the National Academies of Science, Engineering and Medicine and
adjusted for inflation.
This division may be cited as the “Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations
Act, 2022”.
######
ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY
COMMISSION
During fiscal year 2022, 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.
######
**********************************************************************************
JOINT EXPLANATORY STATEMENTS (By Division)
--- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- -
DIVISION A -AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT,
2022
CONGRESSIONAL DIRECTIVES
The explanatory statement accompanying this division is approved and
indicates congressional intent. Unless otherwise noted, the language
set forth in
House Report 117-82 and
Senate Report 117-34 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.
######
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION, AND
ECONOMICS
The agreement provides $3,327,000 for the Office of the Under
Secretary for Research, Education, and Economics. The agreement
includes $1,000,000 to further build out the planning and management
structure of AGARDA and hire staff.
In addition, the agreement includes $1,000,000 for the
Secretary to enter into an agreement with the National Academies
of Sciences, Engineering, and Medicine as described in House
Report 117-82.
######
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND
CHILDREN (WIC)
For the Special Supplemental Nutrition Program for Women, Infants,
and Children, the agreement provides $6,000,000,000, which fully
funds expected participation in fiscal year 2022. The agreement
includes $90,000,000 for the breastfeeding peer counselor program
and $14,000,000 for infrastructure.
The work of the National Academies of Science (NAS) to review
and make recommendations for updating the WIC food packages to
reflect current science and cultural factors is recognized. The
agreement notes, however, that while all revised packages now
allow some fish, the amounts remain low compared to the
recommendations of other authoritative health agencies. The
agreement strongly encourages the Department to consider the
health and cultural benefits of fish consumption as the NAS
recommendations are reviewed and used to inform the Department's
next course of action.
The agreement also strongly encourages the Department to continue to
allow states to submit cultural food package proposals to respond to
the cultural preferences of WIC participants in states like Alaska.
######
**********************************************************************************
HRpt 117-82
- To accompany H.R. 4356 – [M]aking appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies for fiscal year 2022.
(7/2/21)
--- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- ---
######
COMMITTEE PROVISIONS
Human Health and Soil Health Study.--The Committee provides $1,000,000 for the Secretary to enter
into an agreement with the National Academies of Sciences,
Engineering, and Medicine within 60 days of the enactment of
this Act to conduct an analysis of current scientific findings
to determine the links between human health and soil health by
reviewing existing research on the connections between the human
microbiome and soil microbiome and the direct interaction of
humans with soils, identifying linkages between soil management
practices and the nutrient density of foods for human
consumption, determining how to best leverage healthy soil
management practices to maximize benefits and minimize adverse
impacts on human health, and exploring areas for future
research. A report including the study's findings and
recommendations shall be submitted to the Committee not later
than 18 months after the date of the enactment of this
bill.
######
COMMITTEE PROVISIONS
For the Office of the Under Secretary for Food, Nutrition, and
Consumer Services, the Committee provides an appropriation of
$1,327,000.
Dietary Guidelines for Americans.--The Committee
acknowledges the work of USDA in publishing the 2020-2025 Dietary
Guidelines for Americans (DGA). As work begins on the 2025-2030 DGA,
the Committee reminds the Department of the importance of a
transparent, deliberative process that is rigorous, objective, and
designed to avoid non-scientific notions of nutrition policy.
The Committee looks forward to reviewing the analysis and
findings in the upcoming National Academy of Sciences,
Engineering, and Medicine report as required in Section 796 of
P.L. 116-260.
######
Access to Compounded Hormones.--As the FDA reviews recommendations from the National Academies
of Sciences, Engineering, and Medicine's report on the Clinical
Utility of Compounded Hormones, the Committee urges FDA to
engage with compounders and other stakeholders to help ensure
access to compounded drugs for patients who need them.
######
Emerging Technologies Program.--The Committee commends the FDA for assessing the barriers that
have slowed the adoption of novel manufacturing technologies by
commissioning a report by the National Academies of Science,
Engineering, and Medicine.
The Committee encourages FDA to continue to reduce regulatory
barriers by considering innovative technology outside individual
product submissions and expanding the scope of the current Emerging
Technologies Program.
######
**********************************************************************************
SRpt 117-34
- To accompany S. 2599 – [M]aking . appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30, 2022, and
for other purposes, reports favorably thereon and recommends that
the bill do pass.
(8/4/21)
--- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- ---
######
Soring.--The Committee has consistently recognized the need for the
equine industry and the Animal and Plant Health Inspection Services
to cooperate in order to eliminate the soring of horses.
In 2021, the National Academy of Sciences recognized the
importance of developing an objective science-based inspection
ensures accuracy and fairness.
For this reason, the Committee includes $300,000 for APHIS to begin
utilizing swabbing for prohibited substances and other science-based
inspection methods, radiology, and other objective measures as part
of its horse soring inspection protocol.
######
WIC Food Package.--The Committee appreciates the work of the National Academies of
Science to review and make recommendations for updating the WIC
food packages to reflect current science and cultural factors.
The Committee notes, however, that while all revised packages
now allow some fish, the amounts remain low and, in some cases,
sporadic, compared to the recommendations of authoritative
agencies such as the World Health Organization. The Committee
strongly encourages the Department to prioritize the health and
cultural benefits of fish consumption as regulations are revised
to implement the NAS recommendations and to increase the amount
of healthful fish above the amounts recommended by the
NAS.
The Committee also strongly encourages the Department to allow
States to prioritize fish over legumes and peanut butter to respond
to the cultural preferences of WIC participants in States like
Alaska.
######
Sunscreen Labeling Regulations.--The Committee is encouraged that
the FDA has proposed regulations dealing with the sunscreen
monograph and urges the FDA to issue a revised sunscreen order in
accordance with the procedures described in section 505G(b)(2) of
the Federal Food, Drug, and Cosmetic Act (Public Law 75-717) as
required by section 3854(c) of the CARES Act The Committee is
pleased that the proposed sunscreen monograph aims to make
sunscreens more effective and safer, and that the proposal addresses
issues related to maximum Sun Protection Factor [SPF] and sunscreen
sprays. The Committee encourages FDA to educate stakeholders about
its administrative order process and ensure that any final order
related to sunscreen ingredients balances the value of currently
marketed sunscreens as a proven skin cancer prevention tool.
The Committee also encourages FDA to coordinate with the
National Academy of Sciences, Engineering, and Math [NASEM] in
coordination with EPA as directed by House Report 116-446 to
help inform its upcoming study on sunscreen's effects on the
environment and the public health as authorized under the
Further Consolidated Appropriations Act, 2020, and to
communicate its jurisdiction over the regulatory status of
over-the-counter drug products.
######
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2022
The joint explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise noted,
the language set forth in House
Report 117-97 ("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").
######
Nuclear Electric Propulsion (NEP).-In lieu of the House
language on Nuclear Electric Propulsion, the agreement directs NASA
to identify areas of alignment between NEP research and Fission
Surface Power research.
The agreement also maintains the House direction regarding a
response to the National Academies of Science study on nuclear
propulsion and a report on a multi-year plan for an in-space
propulsion-system demonstration for NEP.
######
Cybersecurity Workforce.-NSF is encouraged to undertake a study to identify, compile,
and analyze existing nationwide data and conduct survey research
as necessary to better understand the national cyber workforce
to build on the NAS report titled, "Information Technology and
the U.S. Workforce."
Online Influence .-NSF is encouraged to consider additional
research efforts that will help counter influence from foreign
adversaries on the Internet and social media platforms designed to
influence U.S. perspectives, sow discord during times of pandemic
and other emergencies, and undermine confidence in U.S. elections
and institutions.
To the extent practicable, NSF should foster collaboration
among scientists from disparate scientific fields and engage
other Federal agencies and NAS to help identify areas of
research that will provide insight that can mitigate adversarial
online influence, including by helping the public become more
resilient to undue influence.
Astronomy.-The agreement recognizes the recent release by the National
Academies of Sciences, Engineering, and Medicine (NAS) of the
2020 Decadal Survey in Astronomy and Astrophysics, "Pathways to
Discovery in Astronomy and Astrophysics for the 2020s."
The agreement notes that NSF is currently assessing how to best
implement the recommendations included in the 2020 Decadal Survey.
NSF is expected to include the appropriate levels of support for
recommended current and future world-class scientific research
facilities and instrumentation in subsequent budget requests. NSF is
also expected to support a balanced portfolio of astronomy research
grants by scientists and students engaged in ground-breaking
research.
######
The agreement provides no less than the fiscal year 2021 enacted
level for Arctic research funded under Climate Laboratories and
Cooperative Institutes and Regional Climate Data and Information.
House language regarding Deep Seabed Mining
is not adopted. OAR is encouraged, within available resources, to increase its
focus on methane emissions, consistent with House direction.
######
**********************************************************************************|
HRpt 117-97
- To accompany H.R. 4505 – [M]aking appropriations for Commerce,
Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2022, and for other purposes.
(7/19/21)
---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
######
Deep Seabed Mining.--The Committee provides $1,000,000 from Ocean Exploration and
Research, for NOAA, not later than 90 days after the enactment
of this Act, to seek to enter into an agreement with the
National Academies to conduct a comprehensive assessment of the
environmental impacts of deep seabed mining, including
assessment of potential impacts to deep seabed habitat and
species from exploratory or extractive activities; assessment of
the potential impacts of sediment plumes from disturbance of the
deep seabed on the marine ecosystems and biota; and approximate
quantification of the greenhouse gas emissions associated with
deep seabed mining, including possible emissions from the
release of greenhouse gases sequestered in the seabed.
######
Earth Science Decadal.--The Committee supports the Administration's plan to consolidate
upcoming missions recommended by the National Academy of
Sciences' Decadal Survey for Earth Science and Applications from
Space into its Earth Observatory System approach.
As such, the Committee supports the Administration's request, which
will fund the Mass Change and Surface Biology and Geology missions,
as well as two missions to address Aerosols and Clouds, Convection
and Precipitation.
######
Lunar Discovery and Exploration.--The Committee provides
$497,300,000 for Lunar Discovery and Exploration, including
$22,100,000 for continued operation of the Lunar Reconnaissance
Orbiter and $107,200,000 for the Volatiles Investigating Polar
Exploration Rover (VIPER) mission to the South Pole of the Moon to
search for and sample lunar water ice. These funds are equal to the
request. The Committee supports NASA's commitment to utilizing
public-private partnerships to advance its lunar science and
exploration agenda and encourages the agency to leverage the
resources and expertise of both private industry and universities in
pursuit of these goals.
The Committee directs that the Lunar Discovery and Exploration
program adhere to the lunar science priorities established by
decadal surveys and the National Research Council's Scientific
Context for the Exploration of the Moon, and that activities
funded within the program meet both lunar science and human
exploration needs.
######
Nuclear Electric Propulsion (NEP).--The Committee is encouraged by
the great potential for space nuclear propulsion technologies
relating to nuclear electric propulsion.
As the National Academies identified in a February 2021 report,
a multi-year research program would need to include subsystem
development, prototype systems, ground testing, and cargo
missions as a means of flight qualification prior to first
crewed use. The agency is directed to respond to the National
Academies conclusion and shall indicate its plans to develop
consistent metrics and technical expertise to allow for
opportunities to utilize NEP to meet space exploration mission
requirements.
The Committee also notes that key partners in the national
laboratories possess capabilities needed to reach the frontiers of
scientific development for nuclear electric power. The Committee
provides that at least $10,000,000 shall be utilized to begin a
systematic approach to Nuclear Electric Propulsion, to chart the
basic framework needed in this frontier of investment. Within 180
days of the enactment of this Act, NASA, in coordination with other
relevant Federal departments and agencies such as the Department of
Energy, shall submit a multi-year plan for in-space
propulsion-system demonstration for NEP.
######
Disinformation and Misinformation.--The Committee recommends $1,000,000 for NSF to enter into an
agreement with the National Academies of Sciences, Engineering,
and Medicine to conduct a study on the current understanding of
the spread of COVID-19-related disinformation and misinformation
on the internet and social media platforms.
The study shall address: (1) the roles disinformation and
misinformation have played in the public response to COVID-19,
including public acceptance of and demand for COVID-19 vaccines;
(2) the sources, both foreign and domestic, of COVID-19-related
disinformation and misinformation, and the mechanisms by which
that disinformation and misinformation influence the public
debate; (3) the role social media plays in the dissemination and
promotion of COVID-19-related disinformation and misinformation
content and the role social media platforms play in the
organization of groups seeking to spread COVID-19-related
disinformation and misinformation; (4) the potential financial
returns for creators or distributors of COVID-19-related
disinformation and misinformation and the role such financial
incentives play in the propagation of COVID-19-related
disinformation and misinformation; (5) potential strategies to
mitigate the dissemination and negative impacts of
COVID-19-related disinformation and misinformation (and
specifically the dissemination of disinformation and
misinformation on social media), including through improved
disclosures and addressing information literacy; and (6) an
analysis of: (a) the limitations of the mitigation strategies
described in paragraph (5); and (b) how the strategies can be
implemented without infringing on the constitutional rights and
civil liberties of the people of the United States.
######
Summary of Equal Pay Data and Report.--The Committee is looking forward to the final report from the
Committee on National Statistics (CNSTAT) of the National
Academies of Sciences, Engineering, and Medicine. CNSTAT is
evaluating the quality and utility of data collected from U.S.
employers by the EEOC through the EEO-1 Project, regarding
compensation and hours worked. The Committee expects a thorough,
transparent review of the data and looks forward to receiving
the report upon completion no later than December 2021.
######
DIVISION D- ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT. 2022
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, 2022, 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 117-98 and
Senate Report 117-36 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 or Senate report on that matter shall be
considered as replaced with the direction provided within this
explanatory statement. In cases where the House. the Senate, or this
explanatory statement has directed a briefing or the submission of a
report, such briefing or report is to be submitted to the Committees
on appropriations of both Houses of Congress. Hereinafter referred
to as the Committees. House or Senate reporting requirements with
deadlines prior to or within 15 days of 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
######
GENERAL PROVISIONS-CORPS OF ENGINEERS-CIVIL
(INCLUDING TRANSFER
OF FUNDS)
######
The agreement includes a provision prohibiting the use of funds in
this Act 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 AWIA (Public Law 115-
270).
######
Upper Rio Grande Basin Study.- The agreement reiterates
House and Senate direction.
######
The agreement provides no direction on Equity and Justice.
######
**********************************************************************************
HRpt 117-98
- To accompany H.R. 4549 – [M]aking appropriations for energy and
water development for the fiscal year ending September 30, 2022, and
for other purposes.
(7/20/21)
--- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- ---
######
Upper Rio Grande Basin Study.--The Committee recognizes the
ecological, economic, cultural, and historic importance of the Upper
Rio Grande Basin and the increasing stress on its water supply.
Accordingly, Reclamation is directed to enter into a contract
with the National Academies of Sciences to conduct a
comprehensive study of Rio Grande dams and reservoirs in the
upper Rio Grande Basin (headwaters to Fort Quitman, Texas) on
how to conserve water and optimize river management to benefit
water users throughout the basin, promote the health of the
river, and support fish and wildlife. Reclamation is encouraged
to leverage ongoing and completed activities in this area to
benefit this effort.
######
CROSSCUTTING INITIATIVES
Equity and Justice.--The
Committee recognizes the importance of establishing a 21st-century
clean energy system that will both combat climate change and
institute principles of equity and justice in the U.S. energy
system. The Committee supports the Department's reforms toward this
goal. In order to improve these practices at the Department, the
Committee directs the Department to survey its current programs,
policies, procedures, and rules to ensure that it is adequately
meeting the clean energy, energy conservation, and energy efficiency
needs of low-income, minority, and other marginalized communities.
Further, the Department is directed to consider social equity,
workforce development standards, public health effects, and
environmental and energy justice in conducting activities across the
Department's programs and to prioritize projects and grantees that
advance equity and justice and maximize public health benefits. The
Department is directed to improve analytical tools and grantmaking
criteria to evaluate the social equity, public health, and
environmental and energy justice impacts of technologies and
projects and to incorporate these criteria into agency activities.
The Department is directed to increase engagement with communities
impacted by climate change, air and water pollution, systemic racism
and underinvestment, high energy costs, and economic inequality when
carrying out this section, designing grant programs, and conducting
activities across the Department's programs. The Department is
directed to provide funding to state, local, and tribal government
entities, community organizations, businesses, universities, and
other entities to advance equity and environmental and energy
justice while driving innovation and to integrate this funding
across the energy programs. The Department is directed to provide to
the Committee not later than 90 days after enactment of this Act a
report summarizing its efforts and findings in carrying out the
direction contained herein.
The Department is directed to contract with the National
Academies of Sciences, Engineering, and Medicine to study the
technical and non-technical barriers to and solutions for
ensuring equitable distribution of the benefits associated with
clean energy in environmental justice communities across all
sectors of the economy, and in particular the role of the
Department in assessing and mitigating such barriers. In this
study, the term ‘environmental justice community’ means a
community with significant representation of communities of
color, low-income communities, or tribal and indigenous
communities, that experiences, or is at risk of experiencing,
higher or more adverse human health or environmental effects.
Environmental justice communities should be part of the
development of the study. The study shall: (1) assess the state
of research on the equitable distribution of the benefits of
clean energy including workforce development, job creation, and
public health benefits; (2) identify key indicators and
standards to measure equitable and effective allocation of
resources; (3) assess the progress in implementing programs and
policies that result in increased adoption of clean energy
technologies in environmental justice communities; (4) identify
barriers as well as potential incentives and mechanisms to
achieving the equitable distribution of the benefits associated
with clean energy in environmental justice communities,
including through the consideration of social, behavioral,
regulatory, policy, market, and technology aspects, and
considerations of the characteristics of individual communities,
such as geographical location, average income, and racial-ethnic
composition; (5) identify mechanisms for ensuring the effective
participation of environmental justice communities in
decision-making about the transition to a clean energy economy;
and (6) recommend research areas for the Department to make
progress toward ensuring equitable distribution of the benefits
associated with clean energy in environmental justice
communities.
######
The recommendation includes not less than $10,000,000 for the
low-dose radiation research program.
The Department is directed to complete the required contract
agreement with the National Academy of Sciences (NAS) to develop
a plan for and to conduct a comprehensive, multi-year
independent low-dose radiation research program. The Committee
intends for this research plan to include a five-year program
implementation outline and funding requirements. The plan shall
include recommendations for the Department and other federal
agencies, including collaborations with outside organizations.
The research plan shall be developed in consultation with other
federal agencies and qualified personnel representing industry
and public interest stakeholders.
######
**********************************************************************************
SRpt 117-36
- To accompany S. 2605 – [M]aking appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2022, and for other purposes, reports favorably
thereon and recommends that the bill do pass.
(8/4/21)
---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
######
Upper Rio Grande Basin Study.—The Committee recognizes the
ecological, economic, cultural, and historic importance of the Upper
Rio Grande Basin and the increasing stress on its water supply. The
Committee encourages a comprehensive approach on water and reservoir
management, operation issues, and climate resiliency within the
Upper Rio Grande Basin (including the Heron, El Vado, Abiquiu,
Cochiti, Jemez Canyon, Elephant Butte, and Caballo Dams and
Reservoirs). Accordingly, Reclamation is directed to brief the
Committee within 90 days of the enactment of this act on the work
that has been done to date.
Additionally the briefing shall identify additional work that
can be done to supplement already completed work and to identify
any opportunities to partner with the National Academies of
Sciences.
######
DIVISION E - FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2022
The joint explanatory statement accompanying this division is
approved and indicates Congressional intent. Unless otherwise noted,
the language set forth in
House Report 117-79 carries the
same weight as language included in this joint explanatory statement
and should be complied with unless specifically addressed to the
contrary in this joint explanatory statement. While some language is
repeated for emphasis, it is not intended to negate the language
referred to above unless expressly provided herein.
######
ADMINISTRATIVE PROVISION-CONSUMER PRODUCT SAFETY COMMISSION
Section 501 prohibits the use of Federal funds in fiscal year
2022 for the adoption or implementation of the proposed rule on
RO Vs until a study by the National Academy of Sciences is
completed.
######
**********************************************************************************
HRpt 117-79
- To accompany H.R. 4345 – [M]aking appropriations for Financial
Services and General Government for the fiscal year ending September
30, 2022.
(7/1/21)
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--- --- --- --- --- --- ---
######
ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION
Section 501. The Committee continues a provision prohibiting
funds to finalize, implement, or enforce the proposed rule on
recreational off-highway vehicles until a study is completed by
the National Academy of Sciences.
######
Section 501. Language is included prohibiting funds to
finalize, implement, or enforce the proposed rule on
recreational off-highway vehicles until a study is completed by
the National Academy of Sciences.
######
DIVISION F-DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT,
2022
The following is an explanation of Division F, which makes
appropriations for the Department of Homeland Security (OHS) for
fiscal year 2022. Funding provided in this agreement sustains
existing programs that protect the nation from all manner of threats
and ensures DHS's ability to improve preparedness at the federal,
state, local, tribal, and territorial levels; prevent and respond to
terrorist attacks; and hire, train, and equip DHS frontline
personnel protecting the country.
The joint explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise noted,
language set forth in
House Report 117-87 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.
######
COASTGUARD
OPERATIONS AND SUPPORT
The agreement provides an increase of $141,350,000 above the
request, including increases of: $20,000,000 for tuition assistance
parity; $7,150,000 for recruiting and supporting a diverse
workforce; $5,500,000 for an accession competitiveness pilot
program; $6,000,000 for cyber compliance upgrades to training center
simulators and trainers; $2,800,000 to modernize Ready Learning and
recapitalize training aids; $4,000,000 to meet increased demand for
the child care subsidy; $4,000,000 for the Coast Guard's highest
priority environmental remediation projects; $11,900,000 for cyber
readiness; $3,500,000 for the Great Lakes lcebreaking Program
Office; $6,000,000 to continue the Fishing Safety Training Grants
and Fishing Safety Research Grants programs;
$550,000 to carry out a National Academy study on liquefied
natural gas; $12,000,000 for MH-60T cutter deployability; $5,000,000 for the
National Coast Guard Museum; $10,000,000 to recapitalize operational
safety and detection equipment; $30,050,000 for operational command
and control and domain awareness; $4,000,000 for surface short range
communications modernization; and $8,900,000 for Rescue 21
modernization. It includes $70,000 above the request for the
Military Personnel PPA and accepts the requested changes to the
other PP As for the revised station closure plan.
######
**********************************************************************************
HRpt 117-87
- To accompany H.R. 4431 – [M]aking appropriations for the
Department of Homeland Security for the fiscal year ending September
30, 2022.
(7/15/21)
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--- --- --- --- --- --- --- ---
######
Liquefied Natural Gas (LNG) Report.--The Department is reminded of its obligation to meet the
requirements of section 8254(b) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021, which required a National Academies of Sciences report and
recommendations on
the challenges in maintaining
examination efficiency under the Certificate of Compliance
inspection program as LNG export traffic increases at U.S.
ports.
######
DIVISION G-DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2022
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 2022.
The joint explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise noted,
the language set forth in
House Report 117-83 carries the
same weight as language included in this joint explanatory statement
and should be complied with unless specifically addressed to the
contrary in this joint explanatory statement. While some language is
repeated
for emphasis, it is not intended to negate the language referred to
above unless expressly provided herein.
######
Biological Threats and Invasive Species Research Program.-The agreement provides $40,431,000 including $4,720,000 for
chronic wasting disease.
In carrying out chronic wasting disease research, the Survey
should continue to collaborate with institutions of higher
education as directed in House Report 117-83 and 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 agreement 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. Funding is continued at the enacted level
for white-nose syndrome (WNS) research and the direction found in
Senate Report 116-123 is continued for WNS research. The agreement
provides $600,000 for coral disease and $11,000,000 for invasive
carp research, of which $3,000,000 is for research on grass carp.
The direction found in Senate Report 116-123 is continued for
invasive carp, coral disease, and invasive species research,
detection, and response efforts. Additional resources for invasive
species were provided in Public Law 117-58 to the Office of the
Secretary.
######
The Committees provides $1,500,000 for the Agency to enter into
an agreement with the National Academy of Sciences to conduct a
study of the costs of recycling programs to State, Tribal, local
and municipal governments (including recycling fees paid
directly by residents) and to include policy recommendations.
The Agency is directed to provide a report to the Committees
within 270 days after enactment of this Act.
######
ADMINISTRATIVE PROVISIONS-ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING
TRANSFERS OF FUNDS)
######
Title 42 Hiring Authority.-The agreement expands the
authority for the Agency to hire scientists under 42 U.S.C. 209 in
the Office of Research and Development (ORD) and the Office of
Chemical Safety and Pollution Prevention (OCSPP) through 2025.
Within the funding provided, the Agency is directed to enter
into an agreement with the National Academy of Sciences to
conduct a study on the Agency's use of Title 42 special hiring
authority over the last ten years and how Title 42 hires have
uniquely contributed to the Agency's mission. The study should
also consider what controls the Agency has in place to ensure
hiring practices are consistent, whether the Agency is using the
authority to hire scientists that are in the highest priority
fields, and what improvements the Agency can make to better
manage its special hiring authority.
######
Wildlife and Habitat Management.-The agreement provides:
$15,925,000 for invasive species to focus on high priority invasive
species including nutria, buffelgrass, and cheatgrass; $1,750,000
for the Chesapeake Bay nutria eradication project; $500,000 to help
refuges improve water efficiency in order to maintain, improve,
replace and upgrade refuge infrastructure on areas such as the
Quivira National Wildlife Refuge; $2,000,000 for Marine National
Monuments including $700,000 for the Northeast Canyons and Seamounts
Marine National Monument; $23,924,000 for inventory and monitoring
including no less than $2,000,000 for western monarchs and
pollinators.
Focusing on chronic wasting disease is encouraged.
######
The agreement does not include direction in
House Report 117-83 under the heading "Reducing Plastic Waste in
Commerce."
######
**********************************************************************************
HRpt
117-83 - To accompany H.R. 4372 – [M]aking appropriations for the
Department of the Interior, the Environmental Protection Agency, and
Related Agencies for the fiscal year ending September 30, 2022. The
bill provides regular annual appropriations for the Department of
the Interior (except the Bureau of Reclamation and the Central Utah
Project), the Environmental Protection Agency, and for other related
agencies, including the Forest Service, the Indian Health Service,
the Smithsonian Institution, and the National Foundation on the Arts
and the Humanities.
(7/6/21)
--- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
--- --- --- --- --- --- --- --- --- ---
######
Reducing Plastic Waste in Commerce.--The Committee believes that
efforts to reduce production and use of virgin plastics, especially
single-use plastics, must be part of any overall strategy to reduce
the landfilling of waste materials and a transition to a circular
economy.
The Committee directs the Agency to contract with the National
Academy of Sciences to prepare a report on single use plastics.
The report should analyze plastics by plastic type, and should
evaluate the recyclability of each type of plastic, the average
recycled content of each type of plastic, and national and
regional estimates for the rates at which each plastic type is
generated and recycled. To the extent such information is
available, the report should include estimates for the
contribution of state and local policies intended to reduce the
use of single-use plastics (including bans, fees, and other
mandatory and voluntary policies designed to reduce or
discourage the use of single-use plastics) in any observed
regional variability seen in rates of plastic waste generation
or recycling. The Agency shall submit this report to the
Committee within one year of enactment of this Act.
######
Facilities Maintenance.--The Smithsonian-wide facility replacement
value is currently $9.45 billion.
The National Research Council recommends an annual maintenance
budget in the range of two to four percent of a physical plant's
current replacement value to avoid adding a deferred maintenance
backlog.
The Committee supports the Smithsonian's goal to further reduce its
maintenance backlog, currently estimated at $1.13 billion, through
coordinated efforts of its maintenance and Facilities Capital
programs. The recommendation provides $116,917,000, equal to the
budget request.
######
DIVISION H-DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2022
The explanatory statement accompanying this division is approved and
indicates Congressional intent. Unless otherwise noted, the language
set forth in
House Report 117-96 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.
######
Research in Pregnant and Lactating Women.-The agreement includes $1,500,000 within NICHD to contract with
the National Academies of Science, Education, and Medicine
(NASEM) to convene a panel with specific legal, ethical,
regulatory, and policy expertise to develop a framework for
addressing medicolegal and liability issues when planning or
conducting research specific to pregnant people and lactating
people. Specifically, this panel should include individuals with
ethical and legal expertise in clinical trials and research;
regulatory expertise; plaintiffs' attorneys; pharmaceutical
representatives with tort liability and research expertise;
insurance industry representatives; Federally funded researchers
who work with pregnant and lactating women; representatives of
institutional review boards; and health policy experts.
######
Alzheimer's Disease and Related Dementias.-The agreement
provides an increase of $289,000,000. Within 30 days of release of
the fiscal year 2023 budget, NIA is directed to provide the
Committees a summary of specific accomplishments it has achieved in
ADRD research and its priorities for the coming year. These will
focus on specific scientific questions NIA has answered in the past
year, expects to answer in the next two years, and would use the
funding requested in fiscal year 2023 to answer in its pursuit of
treatments and a cure. NIA is directed to provide similar specific
details to the Committees within 60 days of enactment of this Act
for its fiscal year 2023 Professional Judgement Budget that it
released in August 2021, and in future Professional Judgement
Budgets.
The agreement requests the NASEM to brief the Committees within
60 days of enactment of this Act on the resources it could bring
to support efforts to identify and pursue the most promising
areas of research into preventing and treating ADRD.
######
Amyotrophic Lateral Sclerosis (ALS).- The agreement is
aware of the significant need to expand scientific understanding of
ALS and to translate the science more rapidly into effective
treatments that can make ALS a livable disease. To achieve these
outcomes as soon as possible, the agreement includes $25,000,000 to
implement the Accelerating Access to Critical Therapies for ALS Act
(P.L. 117-79). The agreement directs NIH to organize a trans-agency
initiative to develop an ALS research strategic plan, as described
in House Report 117-96. The agreement strongly supports the Trans
formative Research A ward program for ALS and directs the Director
to continue to fund this critical initiative in fiscal year 2022.
Finally, the agreement includes $1 ,000,000 to commission a
study by NASEM to identify and recommend actions for the public,
private, and nonprofit sectors to undertake to make ALS a
livable disease within a decade.
######
Study on Animal Abuse.-
The agreement is concerned about the link between animal abuse
and future violence and encourages further study into the
underlying factors that contribute to acts of violence against
animals and animal violence as a predictor of future violence
against humans.
######
**********************************************************************************
HRpt
117-96 - To accompany H.R. 4502 – [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, 2022, and
for other purposes.
(7/19/21)
--- --- --- --- --- --- ---
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--- --- --- --- --- --- --- --- --- ---
######
Vital Statistics Reporting.--The Committee encourages CDC to engage with the National
Academies of Science, Engineering, and Medicine to improve vital
statistics and death reporting.
######
Additionally,
The Committee includes $1,500,000 within NICHD to contract with
the National Academies of Science, Education, and Medicine
(NASEM) to convene a panel with specific legal, ethical,
regulatory, and policy expertise to develop a framework for
addressing medicolegal and liability issues when planning or
conducting research specific to pregnant people and lactating
people. Specifically, this panel should include individuals with
ethical and legal expertise in clinical trials and research;
regulatory expertise; plaintiffs' attorneys; pharmaceutical
representatives with tort liability and research expertise;
insurance industry representatives; Federally funded researchers
who work with pregnant and lactating women; representatives of
institutional review boards (IRBs); and health policy
experts.
######
Black Men and Women Pursuing Medicine and Science.--The Committee supports the efforts of the National Academies
Roundtable on Black Men and Black Women in Science, Engineering,
and Medicine and its efforts to develop specific programs to
increase numbers and effectiveness of Black Men and Women
pursuing medicine and science. The Committee directs the
Director to allocate increased resources from the Common Fund of
the diversity program consortium to the National Academies
Roundtable on Black Men and Black Women in Science, Engineering,
and Medicine 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.
######
Cancer Risk Study on Populations Near Commercial Nuclear Power
Plants.--The Committee encourages the Department to contract with the
National Academy of Sciences (NAS) to carry out a pilot study of
cancer risk in populations near nuclear facilities, which was
recommended by the NAS in a May 2012 study entitled ‘Analysis of
Cancer Risks in Populations Near Nuclear Facilities.’
######
Study on Animal Abuse and Future Acts of Violence.--The Committee is
concerned about the link between animal abuse and future violence,
and recognizes the need for further study into the underlying
factors that contribute to acts of violence against animals and
animal violence as a predictor of future violence against humans.
The Committee directs the Secretary to enter into an agreement
with the National Academy of Sciences, Engineering, and Medicine
(NASEM), and includes $1,000,000 for the NASEM to conduct a
study on the underlying factors that contribute to one's
decision to commit acts of violence against animals; and
analyzes acts of violence against animals as a predictor of
future violence against humans.
######
Active Shooter Drills.--The Committee is concerned about the
possible mental, emotional, and behavioral health effects on
students and staff resulting from lockdown drills and active shooter
drills conducted in elementary and secondary schools.
In response, the Committee provides $1,000,000 for the
Department to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine (National
Academies) under which the National Academies will conduct a
study to assess the science on the potential mental, emotional,
and behavioral health effects of firearm violence prevention
activities on students and staff in elementary and secondary
school settings. The study and subsequent report should include
an analysis of the effects of active shooter simulations,
full-scale lockdowns, secured-perimeter lockouts, and other
school security measures (e.g. metal detectors, visibility of
police/policing on campus) and their mental, emotional and
behavioral consequences. The assessment should review the
potential effects on children and youth of different ages and on
students with disabilities. The National Academies report should
identify practices and procedures that can minimize any adverse
mental, emotional, and behavioral health effects on children,
youth, and staff in elementary and secondary schools resulting
from the drills and make recommendations where
appropriate.
######
NASEM Study on Bias Recognition in Clinical Skills
Testing.--The Committee includes $1,000,000, $1,000,000 above
the fiscal year 2021 enacted level and the same as the fiscal
year 2022 budget request, to support a NASEM study that will
make recommendations for incorporating bias recognition in
clinical skills testing for accredited schools of allopathic
medicine and osteopathic medicine.
######
Underage and Perinatal Marijuana Use.--The Committee includes $2,000,000 for NIDA to enter into a
contract with NASEM to commission a study to determine the scope
of the problem of underage and perinatal marijuana use and
effective ways of reducing it. Topics explored should include
but not be limited to the demographics of underage and perinatal
marijuana use; its economic and social costs; adolescent and
perinatal decision making and risk and protective factors; and
the effectiveness of various prevention programs and approaches,
including media campaigns, school-based education, pricing, and
access. The NAS will develop a strategy for reducing and
preventing underage and perinatal consumption of today's
marijuana and THC products, specifically focused on the impacts
of THC on the developing brain.
To help develop an effective strategy, the NAS shall review
existing Federal, State, and non-governmental programs,
including media-based programs, that have been shown to be
effective with other substances that can be harmful to youth,
including any done on marijuana, that are designed to change the
attitudes and health behaviors of youth (those under the age of
21).
In addition, the NAS shall review existing Federal, State, and
non-governmental programs including media-based programs, that
have been shown to be effective with other substances that can
be harmful to babies of pregnant and breast-feeding women,
including any completed on marijuana, that are designed to
change the attitudes and health behaviors of pregnant and
breast-feeding women.
Based on its reviews, the NAS shall produce a strategy designed
to prevent and reduce underage consumption of today's marijuana
and THC products in addition to a strategy designed to prevent
and reduce consumption of today's marijuana and THC products by
pregnant and breast-feeding women. This shall include but not be
limited to: an outline and implementation strategy, message
points that will be effective in changing the attitudes and
health behaviors of youth concerning underage marijuana
consumption and an outline and implementation strategy, message
points that will be effective in changing the attitudes and
health behaviors of pregnant and breast-feeding women, target
audience identification, goals and objectives of both campaigns,
and the estimated costs of development and implementation.
######
Finally,
the Committee includes $1,000,000 to commission a study by NASEM
to identify and recommend actions for the public, private, and
nonprofit sectors to undertake to make ALS a livable disease
within a decade. Given the significant adverse physical,
financial, psychological impact this progressive
neurodegenerative disease has on the individuals and families
affected by it, a comprehensive assessment of what is necessary
to address its effects is warranted. The study should include,
but not be limited to: how to develop more effective and
meaningful treatments and a cure; interventions to reduce and
prevent the progression and complications of ALS; the type and
range of care and services people and families with ALS need and
how to ensure they receive comprehensive, quality care; what
care, services, and preventive measures people at-risk of ALS
need; and how to improve the quality of life, health, and
well-being of affected individuals and families. The Committee directs NIH to submit this study to the Committee no
later than October 2024 and requests an update on the status of this
study in the fiscal year 2023 Congressional Budget Justification.
######
Office of Behavioral and Social Sciences Research (OBSSR).--The
Committee includes $49,827,000 for OBSSR, an increase of $20,000,000
above the fiscal year 2021 enacted level and $19,523,000 above the
fiscal year 2022 budget request. The Committee notes that OBSSR has
the mission to enhance NIH's behavioral science research enterprise
across all Institutes and Centers.
As multiple Surgeons General and NASEM have declared that most
health problems facing the nation have significant behavioral
components, the Committee strongly supports the continued
strengthening of the behavioral science enterprise at NIH and
urges OBSSR funding be increased to accomplish this mission. In
this regard, the Committee is pleased that an NIH working group
has been established to review how better to integrate and
realize the benefits of overall health from behavioral research
at NIH, and directs that appropriate OBSSR funding levels,
authority, and organizational structure be included in this
review.
######
Center for Primary Care Research.--The Committee includes $5,000,000
to establish the Center for Primary Care Research authorized at 42
USC 299b-4(b). AHRQ is uniquely positioned to support primary care
clinical and practice research and to help disseminate the research
nationwide.
The 2021 NASEM report on High Quality Primary Care supported
the importance of targeted funding for Primary Care Research
(PCR) and recommended prioritization of funding for AHRQ's
Center for Excellence in Primary Care Research. In 2020, the RAND Corporation published a report requested by
Congress that emphasized the significant role AHRQ plays in PCR and
recommended providing targeted funds to create a proper hub for
Federal PCR. The areas of focus could include strategies to improve
primary care delivery, including through the use of clinical
pharmacists and inter-professional; team-based care; advancing the
development of primary care researchers; expanding research on
persons with multiple co-morbid conditions; and improving primary
care in rural and underserved areas, especially in remote and
non-contiguous States.
######
Children's Interagency Coordinating Council.--The Committee notes
that the COVID-19 pandemic has contributed to a further decline in
the economic standing, education, and physical and mental health
status of low-income children, particularly among children in
Hispanic, African American, and American Indian/Alaska Native
families. Data shows that COVID-19 is causing more children to
experience poverty and resulting in additional hardships including
educational gaps and negative mental health impacts. The Committee
supports collaboration amongst HHS, the Department of Energy, the
Department of Justice, the Department of Agriculture (USDA), USAID
and other federal agencies to address these pressing problems.
To foster greater coordination, collaboration, and transparency
on child policy across agency lines, the Committee directs the
Secretary to establish a Children's Interagency Coordinating
Council. Among other tasks, the Council shall enter into an
agreement with the NAS to provide an annual report to Congress
analyzing and monitoring how existing and emerging federal
policies have affected child poverty using the U.S. Census
Bureau Supplemental Poverty Measure. In addition, the Council
will examine and periodically report on a broad array of
comprehensive and cross-cutting issues affecting child
well-being.
######
DIVISION L-TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2022 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 117-99 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, 2022.
######
Transportation research board [TRBJ reports.-The
agreement does not include direction relating to the TRB under
this heading in House Report 117-99. Instead, the agreement
provides $1,500,000 for the Secretary to enter into an agreement
with the National Academy of Sciences, Engineering, and Medicine
to conduct a study through the TRB to identify, assess, and
develop metrics for measuring the effectiveness of surface
transportation projects in addressing the transportation
challenges and barriers faced by historically disadvantaged
communities, areas of persistent poverty, and public
transportation-dependent populations. The study shall: (1)
identify and analyze existing data and metrics to establish a
baseline of currently available means for assessing and
measuring outcomes for surface transportation projects; (2)
identify opportunities to improve data, the use of such data to
improve metrics, and how such metrics could be applied to make
more informed decisions in the planning process for surface
transportation projects; and (3) consider new and innovative
sources of data, analytic methods, and modeling for using such
data and metrics in the transportation planning and
decision-making process. The study shall include data and
metrics related to improving access to housing, employment,
health care, education, and essential services, and increasing
safety.
######
Transportation Research Board [TRB ].-The agreement
does not include funding under this paragraph provided in House
Report 117-99.
######
Implementation Plan.-ln fiscal year 2020, the Department was directed to develop an
implementation plan for conducting the research outlined in the
Transportation Research Board's truck size and weight research
plan, which has not been transmitted to Congress. 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.
The agreement directs the FHW A to brief the House and Senate
Committees on Appropriations on the implementation plan within 30
days of enactment of this act.
**********************************************************************************
HRpt
117-99 - To accompany H.R. 4550 – [M]aking appropriations for the
Departments of Transportation, Housing and Urban Development, and
related agencies for the fiscal year ending September 30, 2022.
(7/20/21)
---
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--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
######
Transportation Research Board (TRB) reports on equity.--The
Committee recommendation includes $3,000,000 for a series of
studies by the TRB of the National Academy of Sciences to
identify, assess, and develop metrics for measuring equity in
surface transportation with a particular focus on outcomes. The
Committee directs TRB to analyze current data and metrics on
equity to establish a baseline of currently available means for
measuring equity outcomes, which should be the subject of a
first report. Subsequently, the Committee directs TRB to study
opportunities to improve data and the use of such data for the
development of new metrics on equity and to make recommendations
on how those metrics can be integrated into the transportation
planning process. The study shall examine data and metrics for
measuring equity to address concerns such as infrastructure
barriers that cut off individuals and communities from essential
jobs and services (including those services that are often
rendered inadequate during natural and man-made disasters) and
that are needed for the development of strategies to advance
outcomes in economic and community development in public
transportation-dependent populations. The study shall also
consider new and innovative sources of data and analytic methods
for measuring equity for such transportation planning and
decision-making purposes.
######
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, which outlines numerous projects that are essential to
understanding the impacts of different truck configurations on
driver safety, the service life and deterioration rates of
bridges, and the condition of pavement, as well as potential
impacts of such changes on the long-term solvency of the Highway
Trust Fund. The Committee notes that it has not yet received the implementation
plan required by Congress in fiscal year 2020 and directs FHWA to
brief the House and Senate Committees on Appropriations on its
progress to finalize the implementation plan within 30 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.
######
Salmon recovery.--The Committee provides $5,000,000 to establish a cooperative
series of agreements with universities, Federal agencies, the
National Academy of Sciences, transportation agencies and/or
nonprofit organizations with demonstrated capacity and expertise
to conduct aligned investigations and studies to advance the
biologic, hydraulic, geomorphologic, cultural, and other
scientific engineering to help mitigate and improve the impacts
of culverts, roads, and bridges on threatened or endangered
salmon populations. The aligned outcomes will assist with identifying, prioritizing for
future funding, and providing scientific and engineering approaches
applicable to highway infrastructure improvement projects that will
reduce these impacts and enhance recovery efforts.
######
Transportation Research Board (TRB).--The Committee believes
that FTA's active participation in and support of TRB are
crucial to the successful completion and dissemination of
transit research. Of the amounts provided under this heading,
the Committee provides $250,000 for FTA's contribution as a
sponsor of the TRB, which includes support for the annual TRB
Conference and access to all TRB publications and online
resources for all FTA employees.
######
Liquefied natural gas (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 pleased that PHMSA has, in accordance with the
directives in executive order 13990 issued on January 20, 2021,
reviewed the final rule, which was issued on July 24, 2020 and
allowed the bulk transportation of LNG by rail in DOT-113 rail tank
cars. The Committee understands that PHMSA intends to issue a notice
of proposed rulemaking to suspend the authorization for the
transportation of LNG by rail pending completion of a companion
rulemaking. The companion rulemaking PHMSA intends to issue would
amend the hazardous materials regulations governing the
transportation of LNG in rail tank cars in order to incorporate
ongoing research efforts, collaboration with other agencies, and
external technical experts; respond to executive order 13990; and
provide additional opportunities for stakeholder input.
The Committee further understands that PHMSA and FRA continue to
actively conduct research and development projects relating to the
transportation of LNG in rail tank cars and the use of LNG as a fuel
for locomotives. These activities are expected to continue through
July 2023 and additional research projects may be initiated in
fiscal year 2022. The Committee supports PHMSA and FRA continuing
its work on these ongoing and future research projects.
In addition, PHMSA entered into an agreement in April 2020 with
the National Academies of Sciences, Engineering, and Medicine to
conduct an independent study by an expert panel of the
Transportation Research Board (TRB) on the transportation of LNG
in rail tank cars as required by the Further Consolidated
Appropriations Act, 2020 (P.L. 116-94). TRB is conducting this
study in two phases. In phase 1, the expert panel reviewed
completed, ongoing, and planned PHMSA and FRA research, testing,
and data analysis tasks relating to the transportation of LNG in
rail tank cars, releasing a report on June 14, 2021. The expert
panel found that while the PHMSA-FRA work is comprehensive as
planned, there are areas ‘where more complete treatment is
warranted, and where the basis for choices about the structure
and execution of tasks . . . has not been made sufficiently
clear to assess the applicability and validity of the results.’
Further, the expert panel made recommendations on planned tasks
related to LNG safety that have not been completed, including
changes to portable tank fire testing, updates to modeling for
worst-case scenarios, and adding loading and unloading
operations and train assembly and classification activities to
the assessment of the risk of LNG by rail. The Committee directs
PHMSA to implement the expert panel's recommendations for the
planned or ongoing work and to report to the House and Senate
Committees on Appropriations on any limitations which would
prevent PHMSA from implementing such recommendations.
Further, the Committee directs PHMSA to establish a framework for
integrating and reporting the results of the LNG by rail tasks.
On June 7, 2021, TRB initiated phase 2 in which the expert
panel 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 understands that the transportation of LNG in rail
tank cars is likely to occur in unit trains and encourages the
TRB expert panel to include a safety analysis of such bulk
shipments as part of its phase 2 work. The Committee reminds
PHMSA of the requirement in House Report 116-452 to brief the
House and Senate Committees on Appropriations no later than 30
days after TRB completes phase 2 on actions the agency plans to
take in response to the results of phase 2. The Committee
continues to assert that the ongoing research projects and TRB
study should inform the Department's decision-making and
rulemaking on this matter.
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